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3rd Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 2

THE BUDGET IMPLEMENTATION AND TAX STATUTES AMENDMENT ACT, 2020


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE FUEL TAX ACT

C.C.S.M. c. F192 amended

1

The Fuel Tax Act is amended by this Part.

2

Section 1 is amended by adding the following definition:

"commercial", in relation to a flight, means a flight

(a) carrying passengers or cargo, or both, for gain as an air service licensed under the Canada Transportation Act; and

(b) by an aircraft that is registered under the Aeronautics Act (Canada) as a commercial aircraft. (« commercial »)

3

The following is added after subsection 5(3):

Exempt fuel used for taxable purpose

5(4)

If a person buys, refines, brings into or receives in Manitoba fuel that is subject to an exemption set out in sections 9 to 12.1 and subsequently uses the fuel for a purpose for which no exemption is available, the person must pay tax on the fuel

(a) at the applicable rate; and

(b) at the time that it may be reasonably determined that no exemption is available.

4

Section 7 is amended, in the part after clause (b), by adding "section 4.2 of The Tax Administration and Miscellaneous Taxes Act and" after "in accordance with".

5

The following is added after section 8:

Rate of tax on mixture of fuels

8.1

In the case of a mixture of two or more fuels, the mixture is deemed to be the type of fuel that is present in the highest proportion.

6

Subsection 13(2.1) is amended by adding "commercial" after "non-stop".

7

Clauses 22(1)(c) and (d) are amended by adding "section 4.2 of The Tax Administration and Miscellaneous Taxes Act and" after "in accordance with".

8

Subsection 28(2) is amended

(a) in clause (a), by adding "section 4.2 of The Tax Administration and Miscellaneous Taxes Act and" after "in accordance with"; and

(b) in clause (b), by adding ", in accordance with section 4.2 of The Tax Administration and Miscellaneous Taxes Act," after "remit to the minister".

PART 2

THE HEALTH AND POST SECONDARY EDUCATION TAX LEVY ACT

C.C.S.M. c. H24 amended

9

The Health and Post Secondary Education Tax Levy Act is amended by this Part.

10(1)

Subsection 3(3.10) is amended in the formula in clause (a), and in clauses (c) and (f), by striking out "$1,250,000." and substituting "$1,500,000".

10(2)

Subsection 3(3.12) is amended by striking out "$1,250,000" and substituting "$1,500,000".

10(3)

Subsection 3(3.14) is amended

(a) by striking out "$1,250,000" wherever it occurs and substituting "$1,500,000"; and

(b) by striking out "$2,500,000" and substituting "$3,000,000".

10(4)

Subsection 3(3.16) is amended

(a) in the part before clause (a), by striking out "the director may, on application by the corporation, apply the following rules" and substituting "the following rules apply"; and

(b) in the formula in clause (a), and in clauses (b) and (f), by striking out "$1,250,000" and substituting "$1,500,000".

11(1)

Subsection 3.2(2) is amended

(a) in the section heading and in the part before the formula, by striking out "$2,500,000" and substituting "$3,000,000"; and

(b) in the formula, by striking out "$1,250,000" and substituting "$1,500,000".

11(2)

Subsection 3.2(3) is amended, in the section heading and in the part before clause (a), by striking out "$2,500,000" and substituting "$3,000,000".

12(1)

Subsection 5(1) is amended by striking out "file with the minister" and substituting "file, in accordance with section 4.2 of The Tax Administration and Miscellaneous Taxes Act".

12(2)

Subsection 5(2.6) is amended, in the part before clause (a), by striking out "file with the minister" and substituting "file, in accordance with section 4.2 of The Tax Administration and Miscellaneous Taxes Act".

12(3)

Subsection 5(3) is amended, in the part before clause (a), by striking out "file with the minister" and substituting "file, in accordance with section 4.2 of The Tax Administration and Miscellaneous Taxes Act,".

13

Subsection 7(1) is amended, in the part before clause (a), by striking out "file with the minister" and substituting "file, in accordance with section 4.2 of The Tax Administration and Miscellaneous Taxes Act".

PART 3

THE INCOME TAX ACT

C.C.S.M. c. I10 amended

14

The Income Tax Act is amended by this Part.

15

Subsection 1.1(1) is amended, in the part before clause (a), by adding "or an order made under subsection 7(1) of the Time Limits and Other Periods Act (COVID-19)(Canada)" after "regulations".

16

Subsection 4(1) is amended in Rule 8 by replacing clause (b) with the following:

(b) the amount, if any, by which the individual's tax on split income determined under section 4.4 exceeds the total of

(i) 10.8% of the total of the amounts claimed by the individual for the year under subsections 4.6(11) (disability amount) and (12) (dependant disability amount),

(ii) the portion of the individual's dividend tax credit under section 4.7 that can reasonably be considered to relate to that split income, and

(iii) the portion of the individual's foreign tax credit under section 4.12 that can reasonably be considered to relate to that split income.

17

Subsection 4.6(14) is amended, in the description of A in the formula, by striking out "subsection 118.5(1)" and substituting "section 118.5".

18

The following is added after clause 5(1)(g):

(h) the individual's seniors economic recovery tax credit, if any, determined under subsection 5.14(2), less any advance payment of the tax credit under subsection 5.14(4).

19

Subsection 5.2(1) is amended by striking out "clauses 5(1)(a) to (d)" and substituting "subsection 5(1)".

20(1)

Subsection 5.5.1(1) of the French version is amended

(a) by repealing the definition "date d'écheance des taxes municipales"; and

(b) by adding the following definition:

« date d'échéance des taxes » Date à laquelle les taxes scolaires annuelles à l'égard d'une propriété sont échues ou le seraient si elles n'étaient pas payables par versements. ("tax due date")

20(2)

Subsection 5.5.1(2) is amended, in the part after clause (b), by adding "property" before "tax statement".

20(3)

Subsection 5.5.1(3) of the French version is amended

(a) in item 2,

(i) in the part before clause (a), by striking out "applicables" and substituting "applicable",

(ii) in clause (a), by striking out "applicables à" and substituting "foncières imposées à l'égard de", and

(iii) in clause (b), by adding "foncières" before "imposées";

(b) in item 3, by striking out "exigibles" and substituting "foncières imposées"; and

(c) in clause (a) of item 4, by striking out "municipales de" and substituting "applicable à".

20(4)

Subsection 5.5.1(4) of the French version is amended

(a) in the section heading and in the part before clause (a), by striking out "municipales";

(b) in clause (a), by striking out "municipales de" and substituting "applicable à"; and

(c) in the part of clause (b) before subclause (i), by striking out "municipales".

21(1)

Subsection 5.6(1.2) is amended by striking out "municipal" and substituting "property".

21(2)

The following is added after subsection 5.6(6):

Debt due to Her Majesty in right of Manitoba

5.6(6.1)

If an amount payable under subsection (3), (4) or (6) is not paid within 30 days after the date of the demand made under subsection (5), the amount is a debt due by the person to Her Majesty in right of Manitoba.

Lien for debt

5.6(6.2)

Her Majesty in right of Manitoba has, in addition to any other remedy it has for the recovery of a debt arising under this section, a lien on every estate or interest in real property and personal property of the person required to pay the debt (referred to in this section as the "debtor"), including property acquired by the debtor after the debt arose.

Extent of security

5.6(6.3)

The lien secures the payment of

(a) the amount of the debt when the debt arose;

(b) interest on the debt from the time the debt arose until it is paid in full, at the prescribed rate under subsection (4); and

(c) costs reasonably incurred by the Minister of Finance for Manitoba

(i) for the registration and discharge of the lien, and

(ii) in retaking, holding, repairing, processing, preparing for disposition or disposing of property in respect of which the lien is registered.

Registration and enforcement of lien

5.6(6.4)

Subsections 64(3) and (4) and sections 65 and 66 of The Tax Administration and Miscellaneous Taxes Act apply, with necessary changes, to when a lien takes effect, to the effect of a failure to take proceedings, and to the registration and enforcement of a lien arising under this section as if

(a) the references in those provisions to "tax debtor" were references to the debtor under this section;

(b) the references in those provisions to "director" were references to the Minister of Finance for Manitoba;

(c) the references in those provisions to "tax Act" were references to this Act; and

(d) the references in those provisions to "tax debt" were references to debt under this section.

22(1)

Subsection 5.11(1) is amended in the definition "primary caregiver" by adding "and" at the end of clause (b), striking out "and" at the end of clause (c) and repealing clause (d).

22(2)

Subsection 5.11(2) is amended by striking out "and" at the end of clause (b), adding "and" at the end of clause (c) and adding the following after clause (c):

(d) the individual has filed a registration form for the recipient, completed in accordance with the instructions on the form, with the Minister of Finance for Manitoba on or before the filing-due date for the taxation year for which the individual is claiming the tax credit.

22(3)

The following is added after subsection 5.11(2):

Registration form filed every three years

5.11(2.1)

A registration form completed and filed in accordance with clause (2)(d) is valid only for the taxation year for which it is filed and the two immediately following taxation years.

23

The following is added after section 5.13:

Seniors Economic Recovery Tax Credit (COVID-19)

Eligibility for tax credit

5.14(1)

An individual is eligible for a seniors economic recovery tax credit for the 2020 taxation year if

(a) the individual is at least 64 years old on December 31, 2019; and

(b) the individual is resident in Manitoba at the end of 2020 or on the date of their death in 2020.

Seniors economic recovery tax credit

5.14(2)

The seniors economic recovery tax credit of an eligible individual for the 2020 taxation year is $200.

Tax credit claimable by spouse or common-law partner

5.14(3)

A person may claim, for the 2020 taxation year, the seniors economic recovery tax credit claimable by another individual who is eligible under subsection (1) if

(a) the person is the spouse or common-law partner of the eligible individual

(i) at the end of 2020, or

(ii) immediately before the death of the eligible individual in 2020;

(b) the person and the eligible individual were not living separate and apart at the end of 2020, or immediately before the death of the eligible individual in 2020, because of a breakdown of their marriage or common-law partnership;

(c) the person is resident in Manitoba at the end of 2020; and

(d) the tax credit was not claimed by the eligible individual and was not paid as an advance payment under subsection (4).

Advance payment in 2020

5.14(4)

A payment of $200 by the Minister of Finance for Manitoba in 2020 to an individual who

(a) was at least 63 years of age on December 31, 2018;

(b) was resident in Manitoba on December 31, 2018; and

(c) filed a return of income under the federal Act with respect to the 2018 taxation year;

is deemed to be an advance payment of the seniors economic recovery tax credit to which the individual may be entitled.

Advance payment to person not eligible

5.14(5)

If the Minister of Finance for Manitoba determines that a person who is not eligible for the tax credit under subsection (1) received an advance payment under subsection (4), the amount of the advance payment is recoverable from the person and is a debt due by the person to Her Majesty in right of Manitoba.

24

The definition "qualified property" in subsection 7.2(2) is amended, in the part before clause (a), by striking out "was acquired by the corporation before 2021, and".

25

Subsection 7.5(1) is amended by adding the following definitions:

"eligible production costs" of a corporation for a taxation year in respect of an eligible film means the total of the following amounts:

(a) all amounts included under clauses (a) and (d) of the definition "eligible salaries" in respect of the eligible film;

(b) the corporation's eligible service contract expenditures in respect of the eligible film that are not included under clause (a);

(c) the corporation's parent-subsidiary amounts in respect of the eligible film that are not included under clause (a) or (b);

(d) the corporation's eligible tangible property expenditure in respect of the eligible film that is not included under clause (a), (b) or (c);

(e) the corporation's eligible accommodation expenditure in respect of the eligible film;

to the extent that the amounts

(f) are reasonable in the circumstances and directly attributable to the production of the eligible film;

(g) were incurred in the taxation year or the immediately preceding taxation year for goods or services provided in either of those years;

(h) were paid within the taxation year or 60 days after the end of the taxation year;

(i) were not incurred within the immediately preceding taxation year and paid within the first 60 days after the end of that year;

(j) relate to a stage of production of the eligible film from its production commencement time to the end of its post-production stage; and

(k) are not excluded production expenditures. (« coûts de production admissibles »)

"Manitoba production corporation" means a corporation that, in relation to a particular time,

(a) is a taxable Canadian corporation incorporated under the laws of Manitoba;

(b) has a permanent establishment in Manitoba at that time;

(c) is carrying on a business of film or video production in Manitoba at that time;

(d) in respect of which one or more eligible individuals owns shares to which are attached more than 50% of the votes for the election of directors of the corporation, otherwise than by way of security, at the time;

(e) in the taxation year that includes that time, or in the immediately preceding taxation year, pays at least 25% of its salaries and wages to eligible employees; and

(f) satisfies any additional prescribed criteria. (« corporation de production manitobaine »)

26(1)

Clause 7.6(3)(a) is amended by striking out everything after "photography of the film," and substituting "shares of the corporation that claimed the tax credit for the film to which were attached more than 50% of the votes for the election of directors of the corporation, otherwise than by way of security;".

26(2)

Subsection 7.6(6) is replaced with the following:

Cost-of-production credit

7.6(6)

Subject to subsections (7) and (8), an eligible corporation's cost-of-production credit for a taxation year in relation to an eligible film produced by it in Manitoba is the amount determined by the following formula:

credit = 0.3A + 0.08B

In this formula,

A

is the amount, if any, by which

(a) the corporation's eligible production costs for the film for the year,

exceeds

(b) the total of all amounts each of which is an amount of government assistance that may reasonably be considered to relate directly to the eligible production costs for the film for the year;

B

is nil, unless

(a) the principal photography for the film commenced after May 31, 2020,

(b) at all times in the taxation year of the corporation, a Manitoba production corporation owns, otherwise than by way of security, voting shares of the corporation, and

(c) the Manitoba production corporation receives credit as a producer, co-producer or executive producer of the film,

in which case B is the amount determined for A.

27(1)

Subsection 7.13(1) is amended in clause (b) of the definition "eligible contributor" by striking out "as defined in subsection 137(6) of the federal Act".

27(2)

Subclause 7.13(3)(e)(i) is amended

(a) in paragraph (A), by striking out everything after "bank"; and

(b) in paragraph (B), by striking out "or caisse populaire".

28(1)

Subsection 7.20(3) is amended by adding "or" at the end of clause (b) and repealing clause (c).

28(2)

Clause 7.20(5)(b) is amended by striking out "200" and substituting "682".

29

The following is added after subsection 10.1(1.2) and before the centred heading that follows it:

COVID-19 — Qualifying work placements

10.1(1.3)

If any part of a work placement occurs during the state of emergency declared under section 10 of The Emergency Measures Act on March 20, 2020, related to the pandemic caused by the communicable disease known as COVID-19, the reference in subclause (b)(ii) of the definition "qualifying work placement" in subsection (1) to "10 consecutive weeks" is to be read as "eight consecutive weeks".

30(1)

Subsection 10.4.1(1) is amended in the descriptions of L and R2 in the formula by striking out "2021" and substituting "2022".

30(2)

Clause (b) of the definition "eligible printing revenue" in subsection 10.4.1(3) is amended by striking out "2021" wherever it occurs and substituting "2022".

31

The definition "minister" in subsection 10.6(1) is amended by striking out "Minister of Housing and Community Development" and substituting "minister appointed by the Lieutenant Governor in Council to administer The Housing and Renewal Corporation Act".

32

Subsection 11.7(2) is amended, in the part before clause (a), by striking out "2021" and substituting "2024".

33

Paragraph 11.8(2)(b)(i)(A) and subsection 11.8(2.1) are amended by striking out "2021" and substituting "2022".

34(1)

Subsection 11.19(1) is amended, in the part before the definition "administrator", by striking out "and 11.21" and substituting "to 11.23".

34(2)

Subclause 11.19(3)(a)(i) is amended by striking out everything after "bank" and substituting "or credit union,".

35(1)

Clause 11.21(3)(c) is amended by adding "and" at the end of subclause (ii) and repealing subclause (iii).

35(2)

Subsection 11.21(7) is renumbered as section 11.23 and is amended in the part of clause (d) before subclause (i) by striking out "subsection (3)" and substituting "subsection 11.21(3)".

36

The following is added after section 11.21:

Annual report by issuer

11.22

For each year in which an issuer has a registered ESOP, the issuer must, within 60 days after the end of the year,

(a) prepare a report that sets out

(i) the matters described in clause 11.21(3)(a),

(ii) the number of shares issued in that year,

(iii) the amount of equity capital raised in that year,

(iv) how the share proceeds have been or are being used, and

(v) any other information required by the Minister of Finance for Manitoba;

(b) file a copy of the report with the Minister of Finance for Manitoba, who may provide a copy of it to the administrator; and

(c) ensure that each participating employee receives a copy of the report.

37

Part IV (Tax Rebate Discounting) is repealed.

Consequential repeal, Manitoba Regulation 383/88 R

38

The Tax Rebate Discounting Regulation, Manitoba Regulation 383/88 R, is repealed.

PART 4

THE INSURANCE CORPORATIONS TAX ACT

C.C.S.M. c. I50 amended

39

The Insurance Corporations Tax Act is amended by this Part.

40

The definition "TAXcess" in subsection 1(1) is repealed.

41

Subsection 8(3) is amended by striking out everything after "must be paid" and substituting "in accordance with section 4.2 of The Tax Administration and Miscellaneous Taxes Act.".

42

Subsection 9(1) is amended by striking out everything after "the director" and substituting "an information return in accordance with section 4.2 of The Tax Administration and Miscellaneous Taxes Act.".

PART 5

THE LAW FEES AND PROBATE CHARGE ACT

C.C.S.M. c. L80 amended

43

The Law Fees and Probate Charge Act is amended by this Part.

44

The title is replaced with "THE COURT SERVICES FEES ACT".

45

Section 1 is amended by repealing the definition "charge".

46

Section 1.1 is repealed.

47

Section 4 is amended by striking out "The charge and all fees" and substituting "All fees".

48

Section 5 is amended by striking out "charge or" wherever it occurs.

49

Subsection 6(1) and clauses 10(b) and (c) are amended by striking out "charges and".

50

The following is added after section 10:

C.C.S.M. reference

11

This Act may be referred to as chapter C297 of the Continuing Consolidation of the Statutes of Manitoba.

51

The Schedule is repealed.

RELATED AND CONSEQUENTIAL AMENDMENTS

Related amendments, C.C.S.M. c. C290

52(1)

The Court of Queen's Bench Surrogate Practice Act is amended by this section.

52(2)

Section 1 is amended

(a) by repealing the definition "charge"; and

(b) in the definition "prescribed fees", by striking out "The Law Fees and Probate Charge Act" and substituting "The Court Services Fees Act".

52(3)

Subsection 22(1) is amended by striking out "the charge and the prescribed fees" and substituting "the prescribed fees, if any".

Consequential amendments

53

In the following provisions of the following Acts, "The Law Fees and Probate Charge Act" is struck out and "The Court Services Fees Act" is substituted:

(a) clause 45(e) of The Executions Act;

(b) subsection 30(6) of The Income Tax Act;

(c) section 34 of The Jury Act;

(d) section 13 of The Newspapers Act;

(e) subsection 6(2) of The Sheriffs Act.

PART 6

THE RETAIL SALES TAX ACT

C.C.S.M. c. R130 amended

54

The Retail Sales Tax Act is amended by this Part.

55(1)

Subsection 1(1) is amended

(a) by adding the following definitions:

"all-terrain vehicle" means an all-terrain vehicle as defined in The Off-Road Vehicles Act; (« véhicule tout-terrain »)

"utility vehicle" means an off-road vehicle as defined in The Off-Road Vehicles Act that

(a) has four or more wheels,

(b) has a steering wheel, and

(c) has seats that are not designed to be straddled; (« véhicule utilitaire »)

(b) in the part before clause (a) of the definition "fair value", by adding "subsections 1(11) and (12) and" after "provided in";

(c) by replacing the definitions "general sales tax rate" and "off-road vehicle" with the following:

"general sales tax rate" means

(a) if the tax becomes payable before July 1, 2013, 7%,

(b) if the tax becomes payable after June 30, 2013, and before July 1, 2019, 8%, and

(c) if the tax becomes payable after June 30, 2019, 7%; (« taux général de la taxe de vente »)

"off-road vehicle" means, except in section 2.2,

(a) a mini-bike, dirt-bike or trail-bike,

(b) a snowmobile as defined in The Off-Road Vehicles Act,

(c) an all-terrain vehicle, and

(d) a utility vehicle; (« véhicule à caractère non routier »)

(d) by repealing the definition "infrastructure funding period".

55(2)

The following is added after clause 1(1.4)(b):

(b.1) shares in the capital stock of a corporation that are, or are deemed by clause (a) to be, owned by a person's spouse or common-law partner are deemed to be owned by the person;

(b.2) an interest in a partnership that is, or is deemed by clause (b) to be, owned by a person's spouse or common-law partner is deemed to be owned by the person;

55(3)

The following is added as subsections 1(9) to (12):

Early payment

1(9)

If the price shown on an invoice in respect of a retail sale may be reduced if the amount is paid within a time period specified in the invoice, the price is deemed to be the amount shown on the invoice with no reduction.

Late payment

1(10)

If the price shown on an invoice in respect of a retail sale may be increased if the amount is not paid within a reasonable time period specified in the invoice, the price is deemed to be the amount shown on the invoice with no increase.

Fair value of used property brought into Manitoba

1(11)

The fair value of tangible personal property brought into Manitoba must be determined in accordance with subsection (12) if

(a) the property is not a multijurisdictional vehicle, railway rolling stock to which subsection 2(5.4) applies or an aircraft;

(b) the property was not manufactured, processed or produced by the purchaser; and

(c) the purchaser owned the property for more than 30 days before it was brought into Manitoba.

Calculation of fair value

1(12)

The fair value of tangible personal property determined under this subsection is the total of

(a) the cost of bringing the property into Manitoba and of assembling and installing it in Manitoba; and

(b) the purchaser's choice of either

(i) the greater of

(A) the total of the price paid for the property and any capital expenditures made by the purchaser with respect to the property, less 0.5% of that total for each month that the purchaser has owned the property, and

(B) 20% of the total of the price paid for the property and any capital expenditures made by the purchaser with respect to the property, or

(ii) the greater of

(A) the current replacement cost for similar property, less 1% of that replacement cost for each month that the purchaser has owned the property, and

(B) 20% of the replacement cost.

56

Subclauses 2(1.1)(a)(i) and (ii) are replaced with the following:

(i) 4%, if the tax becomes payable before July 1, 2013,

(ii) 4.5%, if the tax becomes payable after June 30, 2013, and before July 1, 2019, or

(iii) 4%, if the tax becomes payable after June 30, 2019; and

57(1)

Clause 2.2(9)(c) is amended by adding "in effect at the time that the tax on the purchased vehicle becomes payable" at the end.

57(2)

Subsection 2.2(11) is repealed.

58(1)

Subsection 2.3(5.1) is amended

(a) in the section heading, by striking out "during infrastructure funding period" and substituting "from June 30, 2013 to July 1, 2019"; and

(b) in the part before the table, by striking out "within the infrastructure funding period" and substituting "after June 30, 2013, and before July 1, 2019".

58(2)

Subsection 2.3(10) is replaced with the following:

Credit for tax previously paid

2.3(10)

The minister, on application and on receipt of evidence satisfactory to the minister, may provide a credit, calculated in accordance with the regulations, to a person who registers a vehicle for interjurisdictional commercial purposes if

(a) the vehicle is so registered within five years after its acquisition date; and

(b) the person had previously paid tax on the purchase price of the vehicle under section 2 and the tax was not refunded under subsection (10.1).

59(1)

The following is added after clause 3(1)(t.1):

(t.2) a bar, ingot, coin or wafer that is composed of gold, silver or platinum and that is refined to a purity level of at least

(i) 99.5% in the case of gold and platinum, and

(ii) 99.9% in the case of silver;

59(2)

Subsection 3(22) is replaced with the following:

Exemption: sale of machinery, etc. as part of manufacturing or processing plant

3(22)

Despite section 2, no tax is payable in respect of machinery, equipment or apparatus attached to land or buildings sold or leased as a manufacturing or processing plant if

(a) the manufacturing or processing plant consists of machinery, equipment, apparatus, land and buildings;

(b) the machinery, equipment or apparatus is used in the manufacturing or processing of tangible property;

(c) the manufacturing or processing plant is sold or leased to a single purchaser by a single vendor or by two or more vendors who

(i) are closely related to each other at the time of the sale or lease, and

(ii) were closely related to each other for at least six months immediately before that time;

(d) for at least six months after the sale or lease to the purchaser,

(i) the machinery, equipment or apparatus continues to be owned by or leased to the purchaser or a person closely related to the purchaser and used in the operation of the manufacturing or processing plant by the purchaser or the closely related person, and

(ii) the land and buildings continue to be owned by or leased to the purchaser or a person closely related to the purchaser; and

(e) the tax was previously paid under section 2 on the fair value of the machinery, equipment or apparatus.

59(3)

The following is added after subsection 3(22):

Meaning of tangible property

3(22.0.1)

For the purpose of clause (22)(b), "tangible property" means property having physical substance apparent to the senses.

60(1)

Clause 26(4)(b) is amended by adding "in effect at the time that the tax on the vehicle purchased becomes payable" at the end.

60(2)

Clause 26(8)(b) is amended by adding "in effect at the time that the tax on the vehicle purchased becomes payable" at the end.

60(3)

The following is added after subsection 26(8):

Exception to refund of tax on off-road vehicle

26(8.0.1)

No refund is payable under subsection (8) if the purchased off-road vehicle is an all-terrain vehicle or utility vehicle in respect of which tax has been refunded or is refundable under subsection (19).

60(4)

Clause 26(9)(b) is amended by adding "in effect at the time that the tax on the aircraft purchased becomes payable" at the end.

60(5)

The following is added after subsection 26(9):

Exception to refund of tax on aircraft

26(9.0.1)

No refund is payable under subsection (9) if the tax on the purchased aircraft or the tax on the sold aircraft is subject to proration under subsection 2(5.7) (temporary use — aircraft).

60(6)

Subsection 26(9.2) is replaced with the following:

Interpretation re leased vehicles or aircraft

26(9.2)

For the purposes of subsections (4), (8) and (9),

(a) "sells" does not include "leases";

(b) the exercise of an option to purchase at the end of a lease contract is a purchase separate from the lease; and

(c) in the case of a leased vehicle or aircraft, the refund does not become payable until the earlier of

(i) the day that the amount of tax paid under the lease equals or exceeds the sale price of the vehicle sold, or the aircraft sold, multiplied by the general sales tax rate, or

(ii) the end of the lease period.

60(7)

Subsection 26(10.1) is repealed.

60(8)

Subsection 26(17) is repealed.

60(9)

The following is added after subsection 26(18):

Refund for off-road vehicle used in farming

26(19)

The minister may refund the tax paid by a farmer in respect of the purchase of an all-terrain vehicle or utility vehicle if at least 80% of the use of the vehicle is in farming.

61

The following is added after clause 29(1)(p):

(p.1) defining "agricultural", "agriculture", "farm", "farmer" and "farming" or any expression that includes any of those terms that is referred to but not defined in this Act;

PART 7

THE TAX ADMINISTRATION AND MISCELLANEOUS TAXES ACT

C.C.S.M. c. T2 amended

62

The Tax Administration and Miscellaneous Taxes Act is amended by this Part.

63

Clause (a.1) of the definition "tax Act" in subsection 1(1) is repealed.

64

The following is added after section 4.1:

Filing and payment through TAXcess

4.2(1)

Subject to subsection (2),

(a) a person required under a tax Act to complete and file an information return or report must do so by using TAXcess, in the manner required by TAXcess; and

(b) a person required under a tax Act to remit or pay a tax or tax debt must do so by means of an electronic funds transfer using the payment option provided by TAXcess.

Exceptions

4.2(2)

Subsection (1) does not apply in respect of

(a) The Corporation Capital Tax Act;

(b) The Emissions Tax on Coal and Petroleum Coke Act;

(c) the payment of a tax or tax debt under The Fuel Tax Act by a person who is not a collector or deputy collector under that Act, unless

(i) the payment relates to the operation of a locomotive and is payable under section 7 of that Act, or

(ii) the payment relates to the purchase of fuel by a licensed carrier and is payable under section 28 of that Act;

(d) The Mining Tax Act;

(e) a return, or a remittance or payment of a tax or tax debt, under The Retail Sales Tax Act, unless it is made by a person with an RST number who, in the minister's opinion, is required to remit $5,000 or more of tax a month under that Act; and

(f) the payment of a tax or tax debt under The Tobacco Tax Act by a person who is not a collector or deputy collector under that Act.

65

The following is added after section 6:

Agreements re administration and enforcement

6.1

The minister may enter into an agreement with the Government of Canada or the government of another province or territory of Canada respecting the administration and enforcement of a tax Act, or of an Act of that jurisdiction that the minister considers to be similar to a tax Act.

66(1)

The following is added after subsection 10(5):

Opportunity to make submission before temporary suspension

10(5.1)

Before issuing an order under subsection (5), the director must notify the affected person in writing

(a) that the director intends to suspend the tax authorization, and why the director intends to do so; and

(b) that the person may, within seven days after the notice is served on the person, make a written submission setting out the reasons that the tax authorization should not be suspended.

66(2)

Subsection 10(7) is amended

(a) by adding "or (5.1)" after "subsection (4)"; and

(b) by striking out "14-day".

67

Subsection 14(3.1) is replaced with the following:

Maximum amount of security

14(3.1)

The reference to "9.15%" in clause (3)(b) is to be read as "10.15%" during the period beginning July 1, 2013, and ending June 30, 2019.

68

Subsection 111(1) is amended by adding the following definitions:

"assessment" includes a reassessment; (« cotisation »)

"Tax Appeals Commission" means the Tax Appeals Commission established under section 2 of The Tax Appeals Commission Act; (« Commission d'appel des impôts et des taxes »)

"tax debt" of a person means the total of all amounts that the person is required to pay under this Part, whether as tax, or as a penalty, interest, fee or other charge, other than a fine or surcharge payable upon conviction of an offence; (« dette fiscale »)

"taxpayer" means a person tendering a transfer for registration under section 116 and a transferee under section 117; (« contribuable »)

69(1)

Subsection 116(1) is replaced with the following:

Payment of tax

116(1)

If the right of the collector to require payment of tax is disputed by a person tendering a transfer for registration, the person must pay the tax as provided in this Part and may appeal the requirement to pay the tax under section 118.1.

69(2)

Subsections 116(2) to (6) are repealed.

70(1)

Subsection 117(4) is amended by striking out "objection to" and substituting "appeal of".

70(2)

Subsection 117(6) is amended by striking out "objection" and substituting "appeal".

71

Section 118 is repealed.

72

The following is added before section 119:

Appeal — requirement to pay tax

118.1(1)

A taxpayer may appeal a requirement to pay tax under section 116 to the Tax Appeals Commission.

Appeal — assessment

118.1(2)

A taxpayer may appeal an assessment under section 117 to the Tax Appeals Commission.

How to appeal

118.1(3)

An appeal to the Tax Appeals Commission must

(a) be in writing and signed by the taxpayer;

(b) state the name of the taxpayer and, in the case of an appeal under subsection (2), include a copy of the assessment being appealed;

(c) state which amounts are in dispute and how much of the amount is in dispute;

(d) state the reasons for the appeal and provide documentary evidence substantiating the taxpayer's position; and

(e) be served on the Tax Appeals Commission and the minister within 90 days after

(i) in the case of an appeal under subsection (1), the payment of the tax, or

(ii) in the case of an appeal under subsection (2), the notice of assessment was served on the taxpayer.

Acting on behalf of taxpayer

118.1(4)

If authorized to do so by the taxpayer in writing, another person may act on behalf of the taxpayer in the appeal.

Limitation on appeal of reassessment

118.1(5)

If a matter that is the subject of a reassessment is also the subject of an earlier assessment or reassessment for which the 90-day appeal period has expired, any appeal of the later reassessment must be limited to the difference between

(a) the amount assessed or reassessed in respect of that matter in the earlier notice of assessment or reassessment; and

(b) the amount subsequently reassessed in respect of that matter.

Appeals do not affect tax debt obligations

118.1(6)

Neither the making of an appeal under this section nor any delay in the conduct of an appeal in any way affects or limits

(a) the liability of a person to pay tax;

(b) the date by which tax becomes payable or is required to be paid;

(c) the accrual of interest on a tax debt;

(d) the imposition of a penalty; or

(e) any action or right to take any action to collect a tax debt.

Powers of Tax Appeals Commission

118.2(1)

Upon receipt of an appeal, the Tax Appeals Commission must determine whether it meets the requirements of section 118.1. If it does not, the commission must reject the appeal. If it does, the commission may

(a) exercise any of its powers of investigation and inquiry under The Tax Appeals Commission Act; and

(b) affirm, rescind or vary the requirement to pay tax or the assessment being appealed.

The commission must cause a copy of its decision to be served on the minister and on the taxpayer or a person acting on the taxpayer's behalf.

Power to vary

118.2(2)

In varying a requirement to pay tax or an assessment, the Tax Appeals Commission may increase or decrease the amount required to be paid, assessed or reassessed.

Technical irregularity — requirement to pay tax

118.2(3)

A requirement to pay tax must not be varied or rescinded by reason only of an irregularity, informality, omission or technical error by the collector in the exercise of the collector's duties under this Part.

Technical irregularity — assessment

118.2(4)

An assessment must not be varied or rescinded by reason only of an irregularity, informality, omission or technical error by the minister in the exercise of the minister's duties under this Part.

Appeal to Court of Queen's Bench

118.3

A decision of the Tax Appeals Commission under section 118.2 may be appealed to the Court of Queen's Bench.

How to appeal

118.4(1)

An appeal to the court must be made by filing an application with the court for an order under this section within 90 days after the decision being appealed is served on the appellant.

Appeal of commission's decision

118.4(2)

The parties to an appeal of a decision of the Tax Appeals Commission are the taxpayer and the minister, either of whom may be the appellant.

Appellant to serve application on other party

118.4(3)

The appellant must serve a copy of the application on the other party to the appeal within 14 days after the application is filed with the court.

Court decision

118.4(4)

The court may

(a) affirm, rescind or vary the decision being appealed; and

(b) make any order as to costs that the court considers appropriate.

Refund after appeal

118.5

If a requirement to pay tax or an assessment is rescinded or the amount of it is reduced on appeal, the minister must refund or pay to the taxpayer

(a) any excess amount paid to the minister by the taxpayer; and

(b) interest on that excess amount, from the day it was paid to the minister, calculated at the same rate and in the same manner as interest payable on a tax debt.

73

Subsections 119.1(3) to (5) are repealed.

74(1)

Section 120 is amended by replacing the section heading with "Application of Part I — collection".

74(2)

Section 120 is further amended by renumbering it as subsection 120(1) and adding the following as subsection 120(2):

Application of Part I — service

120(2)

Sections 7 and 8 and subsection 9(1) apply with necessary modifications to the service of a document under this Part.

PART 8

THE TOBACCO TAX ACT

C.C.S.M. c. T80 amended

75

Clause 10(5)(a) and the part of clause (b) before subclause (i) of The Tobacco Tax Act are amended by adding "section 4.2 of The Tax Administration and Miscellaneous Taxes Act and" after "in accordance with".

PART 9

GOVERNMENT FINANCES

DIVISION 1

THE CROWN CORPORATIONS GOVERNANCE AND ACCOUNTABILITY ACT

C.C.S.M. c. C336 amended

76

The Crown Corporations Governance and Accountability Act is amended by this Division.

77

Clauses 6(4)(a) and (b) are replaced with the following:

(a) signed by the responsible minister and approved by the Lieutenant Governor in Council;

(b) given to the corporation; and

78(1)

Subsection 7(3) is amended by striking out "and" at the end of clause (b) and adding the following after clause (c):

(d) any applicable directive issued to the corporation under this Act or The Financial Administration Act; and

(e) any applicable regulations made under The Financial Administration Act.

78(2)

Subsection 7(4) is replaced with the following:

Plan to be submitted for approval

7(4)

A corporation must submit its annual business plan, as approved by its board, to the responsible minister at the time directed by that minister. The responsible minister, after having the plan reviewed by Treasury Board, may approve the plan, with or without conditions, or refer it back to the corporation to be revised as directed by Treasury Board or the responsible minister and resubmitted for that minister's approval.

Additional requirements

7(5)

The requirements under this section are in addition to any requirements imposed by or under any other Act.

79

Clause 9(1)(b) of the French version is amended by striking out "la lettre de mandat donnée" and substituting "lettre de mandat remise".

80(1)

Clause 13(1)(a) is replaced with the following:

(a) respecting matters of policy;

(a.1) requiring the corporation to conduct an organizational review as specified in the directive;

(a.2) requiring the corporation to do something in accordance with its approved annual business plan or prohibiting it from doing anything inconsistent with that plan;

80(2)

Subsection 13(2) is repealed.

81

Section 19 is repealed.

DIVISION 2

THE FINANCIAL ADMINISTRATION ACT

C.C.S.M. c. F55 amended

82

The Financial Administration Act is amended by this Division.

83

The definition "operating expense" in section 1 is amended by striking out "of the government".

84

Section 6 is replaced with the following:

Regulations and directives — general powers

6(1)

Treasury Board may, with the approval of the Lieutenant Governor in Council, make regulations or issue directives that it considers necessary in relation to the discharge of its responsibilities under this Act or any other Act of the Legislature.

Regulations and directives — reporting organizations

6(2)

Despite any other Act, Treasury Board may, with the approval of the Lieutenant Governor in Council, make any regulations or issue any directives in relation to reporting organizations that it may make or issue in relation to the government or a government department.

Regulations — prescribing reporting organizations

6(3)

Treasury Board may, with the approval of the Lieutenant Governor in Council, make regulations prescribing organizations or classes of organizations as reporting organizations.

Regulations and directives — specific powers

6(4)

Without limiting subsections (1) and (2), Treasury Board may, with the approval of the Lieutenant Governor in Council, make regulations or issue directives

(a) establishing reporting requirements for a reporting organization, including requirements respecting

(i) financial reporting, including budgets and financial statements, and

(ii) balanced scorecard reporting, including specific outcomes to be achieved, performance measures used in determining outcomes, and specific outcomes actually achieved;

(b) establishing or changing the fiscal period of a reporting organization, or requiring it to be changed as specified in the regulation or directive;

(c) requiring a reporting organization to adhere to the government's General Manual of Administration or to any part of it;

(d) respecting procurement by the government or a reporting organization;

(e) respecting accounting policies and practices of the government or a reporting organization;

(f) respecting the evaluation of programs, including requiring a reporting organization to conduct a value-for-money review of any of its programs;

(g) respecting inspections or audits, including requiring the provision of access to the books and records of a reporting organization for the purpose of an inspection or audit;

(h) respecting the annual operating budget of a reporting organization, including

(i) requiring it to be submitted to Treasury Board for approval,

(ii) respecting the approval process and conditions that may be imposed on an approval,

(iii) directing a reporting organization to make changes to its operating budget, and

(iv) prohibiting a reporting organization from incurring an operating deficit or limiting the amount of such a deficit;

(i) respecting capital expenditures and commitments to operating expenses in future years relating to the use of capital property, including

(i) requiring the government or a reporting organization to obtain Treasury Board approval before making such expenditures or commitments,

(ii) respecting the approval process and conditions that may be imposed on an approval,

(iii) respecting capital management processes, including procurement, contract provisions, project management and financial controls,

(iv) requiring a reporting organization to prepare a capital plan and submit it to Treasury Board for approval, and

(v) establishing requirements for capital plans, business cases and requests for approval and tendering, and for other procurement documents, including progress and completion reports;

(j) establishing public reporting requirements for a reporting organization respecting procurement practices and respecting expenditures and commitments referred to in clause (i);

(k) restricting or prohibiting the borrowing of money by the government or a reporting organization without Treasury Board approval, including restricting the amount that may be borrowed, or the manner in which or purpose for which it may be borrowed, without that approval;

(l) respecting advertising or the funding of sponsorships by a reporting organization, including prohibiting or restricting such advertising or funding or requiring it to be approved by Treasury Board or the minister responsible for the organization or for any program for which the organization receives government funding;

(m) establishing or regulating such policies and procedures as Treasury Board considers necessary for the efficient and effective operation of the government or a reporting organization.

Regulation may be general or specific

6(5)

A regulation under this section may apply to some or all branches of the government or to some or all reporting organizations. It may establish different requirements or conditions for

(a) different types of procurement, expenditures or commitments; or

(b) different branches of government or different reporting organizations or classes of reporting organizations.

Directive must be specific

6(6)

A directive issued under this section to a reporting organization applies only to that organization. It may establish different requirements or conditions for different types of procurement, expenditures or commitments and may differ from a directive issued to another reporting organization or to one or more branches of the government.

Reporting organization must comply with directive

6(7)

A reporting organization to which a directive is issued under this section must comply with the directive.

Directive to be made public

6(8)

Within 30 days after issuing a directive to a reporting organization, Treasury Board must make the directive public in a manner that Treasury Board considers appropriate.

Guidelines

6(9)

Treasury Board may issue financial reporting guidelines for reporting organizations.

85

Subclause 9(a)(i) is repealed.

86

The following is added after section 31:

Budget to reflect main estimates of expenditure

31.1

The budget as presented to the Legislative Assembly must accurately reflect the main estimates of expenditure, and no allowance is to be made for an adjustment within the fiscal year, whether by increase in revenue or decrease in expenditure, that is not otherwise provided for by an Appropriation Act for that year.

87

Clause 32(1)(b) is amended by striking out "more than" and substituting "at least".

88

The following is added after section 34:

Transfer between operating expenditure appropriations within department

34.1(1)

The Minister of Finance may authorize and direct the transfer of all or part of a voted appropriation within a service heading if each of the following conditions is met:

1.

Treasury Board approves the transfer.

2.

The amount to be transferred is an amount voted for operating expenditures for an item under a service heading that has not been committed or expended.

3.

The amount is transferred only to another item under the same service heading.

Transfer is exception to any other authorization

34.1(2)

Subsection (1) applies despite clause 34(a) of this Act or any provision of any other Act of the Legislature that authorizes money to be paid out of the Consolidated Fund.

Report in public accounts

34.1(3)

The net effect of all transfers made under subsection (1) must be reported in the public accounts for each fiscal year.

89

Subsection 41(4) is amended

(a) by replacing the section heading with "Treasury Board approval required"; and

(b) by striking out everything after "without the approval of" and substituting "Treasury Board if the settlement amount is greater than $50,000 or, if a greater amount is prescribed by regulation, the amount so prescribed.".

90

Subsections 65(3) to (5) are repealed.

91

The following is added after section 76 as part of Part 8:

Meaning of "authorized person"

76.1(1)

In this section, "authorized person" means the Minister of Finance or a person authorized by the Minister of Finance for the purpose of this section.

Powers of authorized person

76.1(2)

An authorized person may enter any premises where financial records of a reporting organization are kept and inspect those records for the purpose of

(a) verifying any information that has been reported by the organization to the Minister of Finance, Treasury Board or the Comptroller;

(b) determining whether the organization's operations are carried out with proper regard for economy and efficiency;

(c) verifying compliance with this or any other Act or a regulation or directive made or issued under this or any other Act;

(d) determining how any grant, advance or other funding provided to the organization by the government or another reporting organization is or has been used and, if conditions apply to that funding, verifying compliance with those conditions; or

(e) obtaining any information that the government requires to prepare its summary budget or its summary financial statements.

Assistance to authorized person

76.1(3)

A person in charge of the place of inspection or having custody or control of the relevant records of a reporting organization must

(a) produce or make available to the authorized person the records to be inspected; and

(b) provide any assistance or additional information that the authorized person reasonably requires to carry out the inspection.

Copies of records

76.1(4)

The authorized person may

(a) use equipment at the place of inspection to make copies of relevant records; or

(b) remove records from the place of inspection to make copies.

Records removed under clause (b) must be returned to the place of inspection as soon as practicable.

Duties of directors, officers, etc.

76.2(1)

Every director, officer or other person responsible for the business and affairs of a reporting organization, in exercising their powers and discharging their duties, must

(a) comply with, and ensure that the organization complies with, the following:

(i) this Act and all applicable regulations and directives made or issued under this Act,

(ii) each Act under which the organization is established, is given a mandate or powers or carries on its business or undertaking,

(iii) if The Crown Corporations Governance and Accountability Act applies to the organization, that Act, the organization's roles and responsibilities record under that Act, and any mandate letter or directive issued to the organization under that Act,

(iv) the organization's by-laws;

(b) act honestly and in good faith with a view to the best interests of the organization having regard to their duty in clause (a); and

(c) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

Reliance on statements

76.2(2)

A person is not liable for a breach of duty under subsection (1) if they rely in good faith on

(a) financial statements of the reporting organization represented to them by an officer of the organization or in a written report of the organization's auditor to fairly reflect the financial condition of the organization; or

(b) a report of a lawyer, accountant, engineer, appraiser or other person whose position or profession lends credibility to a statement made by the person.

92

The following is added after section 80:

Annual report on procurement

80.1(1)

For each fiscal year, the Minister of Finance must prepare a procurement report that includes information about

(a) the government's management of contracts;

(b) improvements made to procurement policies and processes and the financial impact of those improvements;

(c) the numbers and types of contracts that were tendered; and

(d) the numbers and types of contracts that were awarded without tender.

Report to be laid before Assembly

80.1(2)

The Minister of Finance must lay the report before the Legislative Assembly along with the report to be laid before the Assembly by the Minister of Finance under section 67.

DIVISION 3

MUNICIPAL FINANCIAL REPORTING

THE MUNICIPAL ACT

C.C.S.M. c. M225 amended

93(1)

The Municipal Act is amended by this section.

93(2)

Subsection 162(1) is amended, in the part before clause (a), by striking out "in a form approved by the minister and".

93(3)

The following is added after section 162:

Regulations — financial reporting

162.1(1)

The Lieutenant Governor in Council may make regulations establishing financial reporting requirements for a municipality in respect of its operating budget, capital budget, estimate of operating revenue and expenditures and five-year capital expenditure program.

Required accounting policies and practices

162.1(2)

A regulation made under this section may require a municipality to follow specified accounting policies and practices in preparing its budgets and estimates and the regulation prevails over the requirements of this Division, if it so provides.

Scope and application

162.1(3)

A regulation under this section may be general or particular in its application.

THE CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

94(1)

The City of Winnipeg Charter is amended by this section.

94(2)

Subsection 284(3) is replaced with the following:

Regulations — financial reporting

284(3)

The Lieutenant Governor in Council may make regulations establishing financial reporting requirements for the city in respect of its operating budget, capital budget and capital forecast.

DIVISION 4

PUBLIC SECTOR EXECUTIVE COMPENSATION

Public Sector Executive Compensation Act enacted

95

The Public Sector Executive Compensation Act set out in Schedule A to this Act is hereby enacted.

DIVISION 5

THE AUDITOR GENERAL ACT

C.C.S.M. c. A180 amended

96

The Auditor General Act is amended by this Division.

97(1)

Subsection 15(1) is amended by striking out "in respect of public money received by a recipient of public money, including the matters listed in subsection 14(1)," and substituting "of the operations and accounts of a recipient of public money in respect of public money it received".

97(2)

The following is added after subsection 15(1):

Audit of operations

15(1.1)

The examination and audit of the operations of the recipient of public money may include the matters listed in subsection 14(1).

Effect of commingling public money

15(1.2)

If the recipient of public money has commingled the public money it received with any of its other money, the authority of the Auditor General under this section extends to any of the recipient's operations or accounts.

98

Subsection 16(1) is amended by striking out "the accounts" and substituting "the operations and the accounts".

DIVISION 6

PUBLIC SCHOOLS

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

99

The Public Schools Act is amended by this Division.

100

Subsection 1(1) is amended by repealing the definition "finance board".

101

Subclause 37(3)(a)(iii) is amended by striking out "Public Schools Finance Board" and substituting "minister".

102

Subclause 41(1)(e)(i) is amended by striking out "Public Schools Finance Board" and substituting "minister".

103

Clause 60(5)(f) is replaced with following:

(f) the private school has had pupils in attendance for at least the two immediately preceding school years and has operated in compliance with clauses (a) to (e), and any requirements prescribed under clause (g), during that time; and

104

Subsection 62(2) is amended

(a) in the section heading, by striking out "Finance board's approval" and substituting "Approval"; and

(b) in clause (a), by striking out "finance board" and substituting "minister".

105

Subsection 65(3) is amended by striking out "finance board" and substituting "minister".

106

Section 67 is amended by striking out "section 174" and substituting "section 67.1".

107

Subsection 68.4(1) is amended by striking out "finance board" and substituting "minister".

108(1)

Subsection 74(1) is amended by replacing the part before clause (a) with the following:

Approval to acquire property

74(1)

A school division or school district must not do any of the following without the approval of the minister:

108(2)

Subsection 74(2) is repealed.

109

Section 171 is amended

(a) by replacing the definition "capital support" with the following:

"capital support" means financial support for capital expenditures as set out in this Part and in the regulations; (« aide en capital »)

(b) in the definition "capital support program", by striking out "and paid by the finance board out of the fund" and substituting "the minister";

(c) in the definition "education support levy", by striking out "to raise a part of the annual revenues of the finance board";

(d) in the definition "operational support program", by striking out "and paid by the finance board out of the fund"; and

(e) by repealing the definitions "Canada supported pupil", "eligible enrolment", "fund", "personal property assessment" and "total municipal assessment".

110

The following is added after section 172:

Assessment data

172.1

On written request of the minister, the following must provide the minister with any information that they possess concerning assessment and taxation in a municipality, in the form and manner specified by the minister:

(a) the assessor;

(b) the minister responsible for The Northern Affairs Act;

(c) a school division or school district;

(d) a municipality;

(e) the resident administrator of a local government district.

CAPITAL SUPPORT PROGRAM

Administration of capital support program

172.2(1)

The minister is to administer the capital support program.

Criteria that minister must consider

172.2(2)

In administering the capital support program, the minister must consider the following factors:

(a) the curriculum and instructional needs of programs offered by school divisions;

(b) the requirements of students with special needs;

(c) the community use of schools and the role of schools in their local communities;

(d) the influence of the design and maintenance of school buildings on the health and safety of students and other school users;

(e) energy efficiency;

(f) sustainable design and building practices;

(g) the life-cycle costs of school buildings;

(h) the long-term maintenance and renewal of school buildings and infrastructure;

(i) heritage preservation;

(j) the geography of school catchment areas;

(k) the efficient use of school lands and buildings within a school division and across school divisions.

Capital grants

172.2(3)

The minister may provide capital support to school divisions out of money appropriated by an Act of the Legislature for that purpose, at the times and in the manner determined by the minister.

Capital support for early learning and child care

172.2(4)

Capital support provided for a new school or, subject to the regulations, a school undergoing a major renovation must include support for an early learning or child care facility in the school or on adjacent school property.

Terms and conditions

172.2(5)

Capital support provided to a school division is subject to the terms and conditions specified by the minister.

Administering capital support program

172.2(6)

In administering the capital support program, the minister may utilize the services of

(a) an employee of a government department or branch, other than the minister's department, with the written approval of the minister responsible for that department or branch; or

(b) an employee of a government agency, within the meaning of The Financial Administration Act, with the written approval of the government agency.

Notice of capital support

172.3

On or before February 15 in each year, the minister must notify each school division of the amount of capital support that will be provided to the school division in the coming fiscal year.

OPERATIONAL SUPPORT PROGRAM

Administration of operational support program

172.4(1)

The minister is to administer the operational support program.

Operational grants

172.4(2)

The minister may provide operational support to school divisions out of money appropriated by an Act of the Legislature for that purpose, at the times and in the manner determined by the minister.

Notice of operational support

172.5

On or before February 15 in each year, the minister must notify each school division of the amount of operational support that will be provided to the school division in the coming fiscal year.

Reports, etc. from school divisions

172.6(1)

A school division must prepare and submit to the minister any reports and returns the minister requires, and must submit to the minister for inspection any contracts or documents relative to the affairs of the school division the minister requires, and the minister may make copies of such contracts or documents.

Withholding of grants

172.6(2)

The minister may withhold the payment of all or part of any operational support payable to a school division until the school division has complied with any requirement under subsection (1).

111(1)

Subsections 173(1) to (4) are repealed.

111(2)

Subsection 173(5) is amended, in the part after clause (b), by striking out "or the finance board, as the case may be,".

111(3)

Subsections 173(6) and (7) are repealed.

112

Section 173.1 is repealed.

113

Subsection 174(1) is renumbered as section 67.1 and is amended

(a) by striking out "finance board" wherever it occurs and substituting "minister";

(b) by striking out "the school board of";

(c) by striking out "a school board" and substituting "the school division";

(d) by striking out "it may" and substituting "the minister may"; and

(e) by striking out "fund" and substituting "Consolidated Fund".

114

Section 174.1 is renumbered as section 194.1.

115

Section 175 and subsection 177(2) are repealed.

116

The centred heading "SCHOOL BOARD BUDGETS" is added before section 178.

117(1)

Subsections 179(1) and (1.1) are repealed.

117(2)

Subsection 179(2) is amended by striking out "or the finance board, as the case may be,".

118

Section 180 is repealed.

119

Section 181 is replaced with the following:

EDUCATION SUPPORT LEVY

Amount to be raised by education support levy

181

In each year, the minister must determine the total amount to be raised by education support levies imposed on assessable property other than farm and residential property that will be provided to school divisions for the coming fiscal year.

120

Section 182 is amended

(a) in the part before the formula, by striking out "finance board" and substituting "minister";

(b) in the description of T in the formula, by striking out "subsection 181(1)" and substituting "section 181"; and

(c) in the description of SM in the formula, by striking out "by the finance board" and substituting "from the assessor".

121

Section 183 is amended by striking out "finance board" and substituting "minister".

122(1)

Subsection 185(1) is amended by striking out "finance board" and substituting "Minister of Finance".

122(2)

Subsection 185(2) is replaced with the following:

Interest charges

185(2)

The Minister of Finance may charge interest, at the rate prescribed under section 25 of The Financial Administration Act, on overdue remittances required to be paid under subsection (1).

123(1)

Subsection 186(1) is replaced with the following:

SPECIAL LEVY

Notice to school divisions by minister

186(1)

On or before February 15 in each year, the minister must notify each school division of the amount of support that will be provided to the school division in the coming fiscal year.

123(2)

Subsection 186(1.1) is repealed.

123(3)

Subsection 186(1.2) is replaced with the following:

Notice of assessment

186(1.2)

On or before February 15 in each year, the minister must notify each school division of the amount of the total school assessment applicable to the school division and each municipality within the school division for that year.

123(4)

Subsections 186(2) and (3) are amended by striking out "subsections (1) and (1.1)" and substituting "subsection (1)".

124

Section 187 is amended by striking out "finance board" and substituting "minister".

125

Section 190 is amended by striking out "board may charge interest, at the rate at which the finance board is able to borrow for current purposes" and substituting "division may charge interest, at the rate determined under section 25 of The Financial Administration Act".

126

Subsection 191(6) is amended

(a) by striking out "finance board" and substituting "minister" in the section heading and in the section; and

(b) in the English version, by striking out "required to be raised to be raised" and substituting "required to be raised".

127

The following is added after section 191:

REGULATIONS

Regulations

191.1

The Lieutenant Governor in Council may make regulations

(a) prescribing the amount of and manner in which support is to be calculated;

(b) prescribing the times at which and the manner in which support is to be provided to school divisions;

(c) respecting the terms and conditions subject to which support is to be provided to school divisions;

(d) prescribing procedures whereby school divisions may submit matters to the minister for approval;

(e) for the purpose of subsection 172.2(4), respecting circumstances under which capital support for an early learning or child care facility is not required for a school undergoing a major renovation;

(f) authorizing or requiring school divisions to transport pupils;

(g) prescribing the times at which and the manner in which municipalities must remit to the Minister of Finance and to the school division amounts required to be remitted under this Part;

(h) prescribing the times at which and the manner in which school boards must remit amounts required to be remitted to the francophone school division under section 190.1;

(i) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Act.

128

Section 200 is amended by striking out "finance board" and substituting "minister".

129

Subsection 212(8) is amended by striking out "finance board" and substituting "minister".

130

Sections 213 to 223 are repealed.

131

The following is added as part of Part XI (Borrowing):

Borrowing restricted

223.1

A school division may not borrow money except in accordance with this Act or another Act.

Short-term borrowing

223.2(1)

A school division may, if authorized by by-law of the school board, engage in short-term borrowing by way of loan from the government or by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution.

Limit on amount

223.2(2)

The total amount of a school division's short-term borrowing outstanding at any time must not exceed

(a) the amount of the estimate of the approved expenses of the school division for the current year;

(b) if an estimate under clause (a) has not been made, the amount of the approved expenses of the school division for the last preceding year; or

(c) any greater amount approved by the Lieutenant Governor in Council.

Definition of "short-term borrowing"

223.2(3)

In this section, "short-term borrowing" means borrowing or raising money on terms that require it to be repaid within one year.

Long-term borrowing

223.3(1)

In addition to its short-term borrowing authority, a school division may, with the approval of the Lieutenant Governor in Council,

(a) borrow money to the extent permitted by The Financial Administration Act or any other Act; and

(b) despite any other Act, borrow money to repay money previously borrowed under the authority of The Financial Administration Act or any other Act.

Terms and conditions

223.3(2)

The terms and conditions of borrowing under this section are to be determined by the Minister of Finance in consultation with the school division.

Advance out of Consolidated Fund

223.4

Money required for a loan from the government under section 223.2 or 223.3 may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.

Securities

223.5(1)

A school division may issue securities, as defined in The Financial Administration Act, only if

(a) it is authorized to do so by the Lieutenant Governor in Council; and

(b) the amount of the security is within the school division's borrowing authority under this Act, The Financial Administration Act or any other Act.

Terms and conditions

223.5(2)

The terms and conditions of securities under this section are to be determined by the Minister of Finance in consultation with the school division.

Signature requirements

223.5(3)

The securities must bear the seal of the school division and include the original or copy of the signature of the chair or vice-chair and the secretary-treasurer.

Evidence of validity of security

223.5(4)

A reproduction of the seal or a copy of the signature of the chair, vice-chair or secretary-treasurer on a security is valid and binding on the school division for all purposes without proof of the seal, or of the signature or appointment of the person signing the security.

Board resolution

223.5(5)

A recital or declaration in a school board resolution or in the school board minutes authorizing the issue or sale of a security is conclusive evidence of the authorization.

Debt repayment

223.6(1)

A school division may deposit with the Minister of Finance, for investment on its behalf, money that is to be used for the sole purpose of repaying its debt. The Minister of Finance may apply the money to the repayment of the school division's debt as it falls due.

Investments and interest paid to school division

223.6(2)

At the request of a school division, the Minister of Finance must pay to the school division interest earned on money invested under subsection (1).

Transitional

223.6(3)

Money and investments held by a school division that were to be applied to the repayment of any of the securities issued by the school division before the coming into force of this section are, on the coming into force of this section, deemed to be held by the Minister of Finance for debt repayment under subsection (1).

Agreement about terms and conditions

223.7

A school division may enter into an agreement with the Minister of Finance respecting the terms and conditions of borrowing by the school division, government guarantees and the issuance of securities.

Minister of Finance as agent

223.8

The Minister of Finance may act as agent for a school division respecting any matter referred to in this Part.

Short-term borrowing in other currencies

223.9(1)

The maximum number of dollars authorized for a school division's short-term borrowing may be borrowed in the same number of dollars in the currency of the United States.

Other cases

223.9(2)

If a school division is authorized under another Act to borrow money in a currency other than Canadian dollars, section 52 (raising money in foreign currency) of The Financial Administration Act applies, with necessary changes.

Transitional — existing debentures or other securities

223.10

Subsection 213(9) (registerable debentures) and section 218 (incontestability) of this Act, as those provisions read immediately before the coming into force of this section, continue to apply to a debenture or other security issued under Part XI (Borrowing) before the coming into force of this section.

REPEAL OF THE PUBLIC SCHOOLS FINANCE BOARD ACT

R.S.M. 1987, c. P260 repealed

132

The Public Schools Finance Board Act, R.S.M. 1987, c. P260, is repealed.

Public Schools Finance Board dissolved

133(1)

On the coming into force of this section,

(a) The Public Schools Finance Board is dissolved;

(b) the appointment of each member of The Public Schools Finance Board is revoked and the rights and obligations of each member in relation to that appointment are extinguished;

(c) the rights and property of The Public Schools Finance Board are vested in the government;

(d) all liabilities and obligations of The Public Schools Finance Board are assumed by the government; and

(e) a reference to The Public Schools Finance Board in an enactment, by-law, contract, agreement, instrument, or other document or record is deemed to be a reference to the minister responsible for the administration of The Public Schools Act.

Employees

133(2)

An employee of The Public Schools Finance Board on the day before the coming into force of this section is deemed to be an employee of the government.

Education Support Fund transferred to Consolidated Fund

133(3)

On the coming into force of this section, The Education Support Fund continued under subsection 9(1) of The Public Schools Finance Board Act as it read on the day before the coming into force of this section is wound up, and the money credited to the fund is transferred to the Consolidated Fund.

Regulations

133(4)

The Lieutenant Governor in Council may make regulations to remedy any difficulty, inconsistency or impossibility resulting from the repeal of The Public Schools Finance Board Act.

Consequential Amendments

C.C.S.M. c. C166 amended

134

Section 1 of The Community Revitalization Tax Increment Financing Act is amended in the definition "education support levy" by striking out "to raise part of the annual revenues of The Public Schools Finance Board".

C.C.S.M. c. L190 amended

135

Subclause 13(1)(c)(ii) of The Local Government Districts Act is replaced with the following:

(ii) the minister responsible for the administration of Part IX of The Public Schools Act;

C.C.S.M. c. M226 amended

136

Clause 5(1)(d) of The Municipal Assessment Act is amended by striking out "and to the Public Schools Finance Board appointed under The Public Schools Finance Board Act".

C.C.S.M. c. P80 amended

137

Subsection 137.2(2) of The Planning Act is replaced with the following:

Exception

137.2(2)

Subsection (1) does not apply in respect of a parcel of land if a school division or school district has issued tenders for the construction of a school building on that parcel.

S.M. 2002, c. 39 amended

138

Subsection 259.2(2) of The City of Winnipeg Charter, S.M. 2002, c. 39, is replaced with the following:

Exception

259.2(2)

Subsection (1) does not apply in respect of a parcel of land if a school division has issued tenders for the construction of a school building on that parcel.

S.M. 2015, c. 45 (unproclaimed provision amended)

139

Subsection 37(2) of The Real Estate Services Act, S.M. 2015, c. 45, is amended by striking out "the approvals necessary under The Public Schools Finance Board Act to call for" and substituting "issued".

DIVISION 7

THE HEALTH SERVICES INSURANCE ACT

C.C.S.M. c. H35 amended

140

The Health Services Insurance Act is amended by this Division.

141

The definition "fund" in subsection 2(1) is repealed.

142

Sections 27 to 32 are repealed.

143

Clause 47(a) is amended by striking out everything after "which" and substituting "the person is entitled to have paid under that legislation; and".

144

In the following provisions, "from the fund" is struck out:

(a) subsection 50(2);

(b) clauses 50(2.1)(a) and (b);

(c) section 52;

(d) clause 53(1)(a);

(e) subsection 54(1).

145

Clauses 84.3(1)(a) and (b) are amended by striking out "fund's" and substituting "government's".

146

Subsection 89(1) is repealed.

Transitional

147

Any money in the Manitoba Health Services Insurance Fund on the day before this section comes into force is transferred to the Consolidated Fund on the day this section comes into force.

Consequential Amendments

C.C.S.M. c. E20 amended

148

Subsection 16(3) of The Elderly and Infirm Persons' Housing Act is repealed.

C.C.S.M. c. E83 amended

149(1)

The Emergency Medical Response and Stretcher Transportation Act is amended by this section.

149(2)

The definition "fund" in section 1 is repealed.

149(3)

In the following provisions, "From and out of the fund, the minister" is struck out and "The minister" is substituted:

(a) subsection 19(1);

(b) subsection 20(1) in the part before clause (a).

149(4)

Section 21 is replaced with the following:

Payments from Consolidated Fund

21

The Minister of Finance, on the requisition of the minister, may pay amounts for the purposes of this Act out of the Consolidated Fund with money authorized by an Act of the Legislature to be so paid and applied.

149(5)

Sections 22 to 25 are repealed.

S.M. 2017, c. 13 (unproclaimed provision amended)

150

Subsection 11(1) of The Emergency Medical Response and Stretcher Transportation Amendment Act, S.M. 2017, c. 13, is amended insofar as it enacts subsection 19(1) by striking out "From and out of the fund, the" and substituting "The".

C.C.S.M. c. H120 amended

151

The definition "fund" in section 1 of The Hospitals Act is repealed.

DIVISION 8

VARIOUS FUNDS

The Community Revitalization Tax Increment Financing Act

C.C.S.M. c. C166 amended

152(1)

The Community Revitalization Tax Increment Financing Act is amended by this section.

152(2)

The definition "fund" in section 1 is repealed.

152(3)

The centred heading before section 15 is amended by striking out "FUND" and substituting "GRANTS".

152(4)

Subsection 15(1) is repealed.

152(5)

Subsection 15(2) is renumbered as subsection 15(6.1) and is amended

(a) in the section heading of the English version, by striking out "fund" and substituting "grant"; and

(b) in the part before clause (a), by striking out "the fund" and substituting "a grant".

152(6)

Subsections 15(3) to (5) are repealed.

152(7)

Subsection 15(6) is amended

(a) by replacing the part before clause (a) with the following:

Grants

15(6)

The minister may make a grant for the purpose mentioned in subsection (6.1) to

(b) in clause (d), by striking out "the purposes of the fund" and substituting "the purpose mentioned in subsection (6.1)".

152(8)

Subsection 15(7) is amended by striking out "requisition" and substituting "make".

152(9)

Subsection 15(8) is repealed.

152(10)

Subsection 15(9) is amended

(a) by striking out "a financial statement of the fund and"; and

(b) by striking out "from the fund".

Transitional

153

Any money in the Community Revitalization Fund on the day before this section comes into force continues to be held in the Consolidated Fund but is no longer held in trust in a separate account on the day this section comes into force.

Consequential amendments, C.C.S.M. c. I10

154

Subsection 5.6(2.2) of The Income Tax Act is amended

(a) by replacing the section heading with "Reimbursement may offset remittance"; and

(b) by striking out "credited directly to the Community Revitalization Fund. The amount so credited reduces" and substituting "used to offset".

The Consumer Protection Act

C.C.S.M. c. C200 amended

155(1)

The Consumer Protection Act is amended by this section.

155(2)

Part XXVI (Financial Literacy Fund) is repealed.

Transitional

156

Any money in the Manitoba Borrowers' Financial Literacy Fund on the day before this section comes into force continues to be held in the Consolidated Fund but is no longer held in a separate, interest-bearing account in trust on the day this section comes into force.

Consequential repeal, Manitoba Regulation 8/2016

157

The Manitoba Borrowers' Financial Literacy Fund Regulation, Manitoba Regulation 8/2016, is repealed.

The Farm Machinery and Equipment Act

C.C.S.M. c. F40 amended

158(1)

The Farm Machinery and Equipment Act is amended by this section.

158(2)

The definition "Fund" in subsection 1(1) is repealed.

158(3)

Subsection 10(1) is amended, in the part before clause (a), by striking out "Subject to subsection (3), the" and substituting "The".

158(4)

The following provisions are repealed:

(a) subsection 10(3);

(b) section 55 and the centred heading before it;

(c) clause 62(1)(o).

Transitional

159

Any money in The Farm Machinery and Equipment Act Fund on the day before this section comes into force continues to be held in the Consolidated Fund but is no longer held in trust in a separate account on the day this section comes into force.

The Fires Prevention and Emergency Response Act

C.C.S.M. c. F80 amended

160

Section 37 of The Fires Prevention and Emergency Response Act is repealed.

Transitional

161

Any money in the Fires Prevention Fund on the day before this section comes into force is transferred to the Consolidated Fund on the day this section comes into force.

Consequential amendment, C.C.S.M. c. I50

162

Subsection 4(3) of The Insurance Corporations Tax Act is repealed.

The Housing and Renewal Corporation Act

C.C.S.M. c. H160 amended

163(1)

The Housing and Renewal Corporation Act is amended by this section.

163(2)

Section 7.1 is amended, in the part before clause (a), by striking out "the purposes of clauses 7(1)(f) and 8.1(5)(a)" and substituting "the purpose of clause 7(1)(f)".

163(3)

Clause 8(4)(a) is amended by striking out everything after "for the purposes of this Act".

163(4)

Subsection 8(5) is amended by striking out everything after "and employees".

163(5)

Section 8.1 is repealed.

Transitional

164

Any money in the Housing Development and Rehabilitation Fund on the day before this section comes into force is transferred to the Consolidated Fund on the day this section comes into force.

The Mining Tax Act

C.C.S.M. c. M195 amended

165(1)

The Mining Tax Act is amended by this section.

165(2)

Section 43 is amended by striking out ", except for the sums transferred under section 44 to the mining community reserve,".

165(3)

Section 44 is repealed.

Transitional

166

Any money in the mining community reserve on the day before this section comes into force continues to be held in the Consolidated Fund but is no longer held in the reserve on the day this section comes into force.

The Real Property Act

C.C.S.M. c. R30 amended

167(1)

The Real Property Act is amended by this section.

167(2)

Subsection 169.1(6.1) is amended by striking out "subsections (7) to (11)" and substituting "subsections (8) to (11)".

167(3)

Subsection 169.1(7) is renumbered as subsection 169.1(6.0.1).

167(4)

Subclause 169.2(2)(e)(ii) and paragraph 169.4(2)(b)(iv)(B) are amended by striking out "sections 182 to 191" and substituting "sections 183 to 191".

167(5)

The following are repealed:

(a) the centred heading before section 181;

(b) subsections 181(1), (3) and (4);

(c) sections 182 and 182.1.

167(6)

Clause 183(3)(a) is amended by striking out "for an order for compensation" and substituting "under subsection 169.2(1)".

167(7)

Subsection 192(1) is amended by striking out "assurance fund" and substituting "Consolidated Fund" in the section heading and in the section.

167(8)

Subsection 192(2) is repealed.

167(9)

Section 192.1 is amended by striking out "under sections 182 to 191" and substituting "as set out in an order for compensation made under this Act".

167(10)

Subsection 192.2(1) is amended, in the part before clause (a), by striking out "Other than with respect to a claim for compensation as provided for in sections 182 to 191, no" and substituting "No".

Transitional

168

Any money in the assurance fund on the day before this section comes into force is transferred to the Consolidated Fund on the day this section comes into force.

Consequential amendments, C.C.S.M. c. O34

169

Subsection 224(3) of The Oil and Gas Act is amended

(a) in the section heading, by striking out "and assurance fund"; and

(b) by striking out ", under The Real Property Act, and the assurance fund referred to in section 181 of that Act, are" and substituting "under The Real Property Act is".

The Transportation Infrastructure Act

C.C.S.M. c. T147 amended

170(1)

The Transportation Infrastructure Act is amended by this section.

170(2)

Section 6 is amended by striking out "and Part 4".

170(3)

Part 4 (Manitoba Trucking Productivity Improvement Fund) and clause 40(1)(g) are repealed.

Transitional — money in fund

171(1)

Any money in the Manitoba Trucking Productivity Improvement Fund on the day before this section comes into force continues to be held in the Consolidated Fund but is no longer held in trust in a separate, interest-bearing account on the day this section comes into force.

Transitional — existing agreements

171(2)

An agreement that is made in relation to the Manitoba Trucking Productivity Improvement Fund and that is in effect on the day this section comes into force continues in effect as though it were made under section 68.1 of The Highway Traffic Act, as enacted by section 172 of this Act, subject to the following modifications:

(a) contributions need not be deposited in trust in a separate, interest-bearing account and may instead be deposited in the Consolidated Fund;

(b) any obligation to use the contributions for a particular purpose is extinguished, except an obligation to conduct specific highway repairs or to upgrade specific infrastructure.

Consequential amendments, C.C.S.M. c. H60

172(1)

The Highway Traffic Act is amended by this section.

172(2)

Subsection 1(1) is amended by adding the following definitions:

"overdimensional", in respect of a vehicle, means that the height, width or length of the vehicle or a load carried by the vehicle exceeds the maximum permitted under the regulations; (« surdimensionné »)

"overweight", in respect of a vehicle, means that the vehicle's total weight or the weight on any individual axle group, axle or tire exceeds the maximum permitted under the regulations; (« surchargé »)

172(3)

The following is added after section 68:

Agreements re overweight and overdimensional vehicles

68.1(1)

The minister may enter into an agreement with any person for the purpose of establishing fees payable by that person, on a one-time or recurring basis, in respect of the operation of an overweight or overdimensional vehicle on a provincial highway.

Terms of agreement

68.1(2)

The agreement may be made on terms and conditions the minister considers appropriate, but any fee established in the agreement must be in an amount that in the minister's opinion reasonably reflects

(a) the incremental cost of highway deterioration caused by the operation of the overweight or overdimensional vehicle; or

(b) the cost of infrastructure upgrades required to accommodate the operation of the overweight or overdimensional vehicle.

Vehicle exempt from permit charges

68.1(3)

A vehicle operated on a provincial highway in accordance with an agreement under this section is exempt from any charges prescribed in the regulations in respect of a permit issued under section 87.

The Veterinary Science Scholarship Fund Act

R.S.M. 1987, c. V40 repealed

173

The Veterinary Science Scholarship Fund Act, R.S.M. 1987, c. V40, is repealed.

Transitional

174

Any money in The Veterinary Science Scholarship Fund Account on the day before this section comes into force continues to be held in the Consolidated Fund but is no longer held in a separate account on the day this section comes into force.

Consequential repeal, Manitoba Regulation 220/87 R

175

The Veterinary Science Scholarship Regulation, Manitoba Regulation 220/87 R, is repealed.

The Victims' Bill of Rights

C.C.S.M. c. V55 amended

176(1)

The Victims' Bill of Rights is amended by this section.

176(2)

The definition "fund" in section 38 is repealed.

176(3)

Clause 39(2)(e) is amended by striking out everything after "victims".

176(4)

The heading for Part 4 is replaced with "SURCHARGES".

176(5)

Sections 40 to 43.1 are repealed.

176(6)

The centred heading before section 44 is repealed.

176(7)

Section 69 is amended by striking out "for a grant under Part 4 or".

176(8)

Clauses 71(b) and (c) are repealed.

Transitional

177

Any money in the Victims' Assistance Fund on the day before this section comes into force continues to be held in the Consolidated Fund but is no longer held in trust in a separate account on the day this section comes into force.

Consequential amendment, C.C.S.M. c. C107

178

Subsection 7(3) of The Civil Remedies Against Organized Crime Act is repealed.

Consequential amendment, C.C.S.M. c. C306

179

Clause 19(4)(c.1) of The Criminal Property Forfeiture Act is amended by striking out everything after "victims of crime".

Consequential amendment, C.C.S.M. c. J39

180

Clause 9(2)(e) of The Justice for Victims of Child Pornography Act is repealed.

Consequential amendment, C.C.S.M. c. P141

181

Subsection 17(2) of The Profits of Criminal Notoriety Act is amended by striking out "and" at the end of clause (a) and repealing clause (b).

The Waste Reduction and Prevention Act

C.C.S.M. c. W40 amended

182(1)

The Waste Reduction and Prevention Act is amended by this section.

182(2)

Subsection 14.1(1) is amended, in the part after clause (b), by adding "for the purpose of supporting programs and initiatives that reduce or prevent the production and disposal of waste in the province consistent with the principles of sustainable development" at the end.

182(3)

Section 14.2 is repealed.

Transitional

183

Any money in the Waste Reduction and Recycling Support Fund on the day before this section comes into force continues to be held in the Consolidated Fund but is no longer held in a separate fund on the day this section comes into force.

DIVISION 9

THE FISH AND WILDLIFE ENHANCEMENT FUND ACT

C.C.S.M. c. F87 amended

184

The Fish and Wildlife Enhancement Fund Act is amended by this Division.

185(1)

The following is added as a preamble:

WHEREAS the Government of Manitoba as represented by the Minister of Agriculture and Resource Development and The Winnipeg Foundation entered into an agreement on March 31, 2020, to establish a fund to provide for the sustainable use and management of fish and wildlife populations in Manitoba by way of grants from the fund for enhancement initiatives;

AND WHEREAS the Government of Manitoba is to continue to contribute to the fund established under that agreement and is to be guided by an advisory committee in making grants from the fund for enhancement initiatives;

185(2)

The enacting clause of the English version is amended by adding "THEREFORE" before "HER MAJESTY".

186

Section 1 is amended

(a) by adding the following definition:

"agreement" means the agreement entered into on March 31, 2020, between the Government of Manitoba and The Winnipeg Foundation as continued under The Winnipeg Foundation Act to establish a fund for the sustainable use and management of fish and wildlife populations. (« accord »)

(b) in the definition "fish enhancement initiative",

(i) in clause (b), by striking out "or restore" and substituting ", restore or improve", and

(ii) in clause (e), by adding "provide public access for angling opportunities or to" after "in order to";

(c) in the definition "fund", by striking out "section 2" and substituting "the agreement";

(d) in the English version, by repealing the definition "prescribed"; and

(e) in the definition "wildlife enhancement initiative",

(i) in clause (b), by striking out "or restore" and substituting ", restore or improve", and

(ii) in clause (e), by adding "provide public access for hunting or trapping opportunities or to" after "in order to".

187

Section 2 is repealed.

188

The following is added as sections 2.1 and 2.2:

Payments into fund

2.1(1)

Each year, the government must pay into the fund an amount equal to the following amounts:

(a) 10% of the fee for every licence for recreational fishing issued under The Fisheries Act;

(b) 10% of the fee for every hunting licence and trapping licence issued under The Wildlife Act;

(c) 10% of the fee for a licence, permit, certificate or other authorization respecting or involving fish or wildlife that is prescribed by regulation.

Government may contribute other money to fund

2.1(2)

In addition to the amount paid under subsection (1), the government may pay other amounts into the fund, including, but not limited to,

(a) an amount equal to the total of all amounts paid to the Crown by a person who is convicted of an offence described in subsection 25.1(1) of The Fisheries Act for the value of the fish involved in the offence; and

(b) an amount equal to the total of all amounts paid to the Crown by a person who is convicted of an offence described in subsection 86.1(1) of The Wildlife Act for the value of the animal involved in the offence.

Regulations

2.1(3)

The minister may make regulations prescribing licences, permits, certificates or other authorizations in respect of or involving fish or wildlife, or classes of such authorizations, for the purpose of clause (1)(c).

Grants to be made from fund

2.2(1)

Subject to subsection (2), grants for enhancement initiatives must be made in accordance with the agreement.

Scope of enhancement initiatives

2.2(2)

To receive a grant from the fund, an enhancement initiative must be of benefit to persons who are required to pay a fee referred to in subsection 2.1(1).

189(1)

The following is added after subsection 3(1):

Role of committee

3(1.1)

The Fish and Wildlife Enhancement Committee must provide advice and recommendations to the government on fish enhancement initiatives and wildlife enhancement initiatives that may receive grants from the fund.

189(2)

Subsection 3(3) is amended by striking out "minister may" and substituting "minister must".

189(3)

The following is added after subsection 3(10):

Terms of reference

3(11)

The minister must establish terms of reference for the Fish and Wildlife Enhancement Committee.

190

Sections 4 to 7 are repealed.

Transitional

191

On the coming into force of this section, any money in the Fish and Wildlife Enhancement Fund established under section 2 of The Fish and Wildlife Enhancement Fund Act as it read on the day before the coming into force of this section continues to be held in the Consolidated Fund but is no longer held in trust in a separate account.

Consequential Amendments

C.C.S.M. c. F90 amended

192

Section 25.5 of The Fisheries Act is repealed.

C.C.S.M. c. W130 amended

193

Section 86.5 of The Wildlife Act is repealed.

Manitoba Regulation 57/2014 repealed

194

The Fish and Wildlife Enhancement Fund Regulation, Manitoba Regulation 57/2014, is repealed.

DIVISION 10

MANITOBA HABITAT HERITAGE CORPORATION REORGANIZATION

Manitoba Habitat Heritage Corporation Reorganization Act enacted

195

The Manitoba Habitat Heritage Corporation Reorganization Act set out in Schedule B is hereby enacted.

DIVISION 11

THE WORKERS COMPENSATION ACT

C.C.S.M. c. W200 amended

196

The Workers Compensation Act is amended by this Division.

197

Subsection 1(1) is amended by adding the following definition:

"board member" means an individual who is a member of the Board of Directors; (« administrateur »)

198

The following is added after subsection 50(5):

Not a reporting organization under Financial Administration Act

50(6)

Notwithstanding The Financial Administration Act, the board is deemed not to be a reporting organization for the purposes of that Act and section 19 of that Act does not apply to the board.

199

Section 50.1 is repealed.

200

Section 50.2 is replaced with the following:

Board of Directors

50.2(1)

The Board of Directors of the board is to consist of the persons appointed by the Lieutenant Governor in Council as follows:

(a) three members considered by the Lieutenant Governor in Council to be representative of the interests of workers and selected from a list of nominees provided by the Manitoba Federation of Labour;

(b) three members considered by the Lieutenant Governor in Council to be representative of the interests of employers and selected from a list of nominees provided by the Manitoba Employers Council;

(c) three members considered by the Lieutenant Governor in Council to be representative of the public interest and selected from a list of applicants for the position;

(d) the chair of the Board of Directors who has been nominated for the position by a consensus of the board members appointed under clauses (a) to (c).

CEO is ex officio member of Board of Directors

50.2(2)

The chief executive officer of the board is, by virtue of that office, a non-voting member of the Board of Directors.

Review of nominee qualifications

50.2(3)

The Board of Directors must review a list of nominees before it is presented to the Lieutenant Governor in Council under clause (1)(a) or (b). After reviewing a list, the Board of Directors may remove one or more nominees from the list if the directors determine that a nominee

(a) is not qualified to serve as a board member; or

(b) does not have the skills or experience required for the effective operation of the Board of Directors under this Act.

Minimum number of nominees

50.2(4)

Each list of nominees presented to the Lieutenant Governor in Council for the purpose of clause (1)(a) or (b) must contain at least two nominees for each board member position to be filled from that list.

Qualifications and criteria for board membership

50.2(5)

To assist in its review of nominees under subsection (3), the Board of Directors must establish

(a) qualifications for board members; and

(b) a description of the skills and experience that it considers necessary or advisable for the effective operation of the Board of Directors.

Term and eligibility for re-appointment

50.2(6)

Board members are to be appointed for a term of four years or any shorter term required to ensure that no more than 1/3 of the appointments expire in any year. Subject to the board's by-laws, board members are eligible for re-appointment when their terms expire.

After term expires

50.2(7)

A board member whose term expires continues to hold office until

(a) the Lieutenant Governor in Council re-appoints the member or appoints a successor in accordance with this section; or

(b) the member is removed from office in accordance with subsection (8).

Removal of director

50.2(8)

A board member may be removed from office by a resolution of the Board of Directors supported by at least 2/3 of the other board members.

Remuneration

50.2(9)

Board members are entitled to remuneration as determined by the Lieutenant Governor in Council. The remuneration is payable out of the accident fund.

201

Clause 51.1(7)(f) is amended by striking out "Auditor General or other auditor appointed by the Lieutenant Governor in Council" and substituting "auditor appointed under section 69".

202

Subsection 60.2(1) is replaced with the following:

Establishment of appeal commission

60.2(1)

There is hereby established an appeal commission, to be known as the Appeal Commission, to be appointed by the Lieutenant Governor in Council on the recommendation of the minister, and consisting of

(a) one or more appeal commissioners representative of the interests of workers;

(b) one or more appeal commissioners representative of the interests of employers; and

(c) one or more appeal commissioners representative of the public interest, one of whom shall be designated as Chief Appeal Commissioner.

Consultation re appointments of commissioners

60.2(1.1)

Before recommending a person for an appointment under subsection (1), the minister must consult

(a) with workers in industries subject to this Part, if recommending a person as representative of the interests of workers;

(b) with persons on whom assessments are levied under this Part, if recommending a person as representative of the interests of employers; or

(c) with workers referred to in clause (a) and persons referred to in clause (b), if recommending a person as representative of the public interest.

203

Subsection 60.3(1) is replaced with the following:

Panels

60.3(1)

The Chief Appeal Commissioner must establish one or more panels of the appeal commission. Each panel is to consist of

(a) one appeal commissioner appointed under clause 60.2(1)(a);

(b) one appeal commissioner appointed under clause 60.2(1)(b); and

(c) one appeal commissioner appointed under clause 60.2(1)(c), who shall be the presiding officer of the panel.

204

Subsection 66(1) is amended by striking out "member of the Board of Directors" and substituting "board member".

205(1)

Subsection 68(2) is replaced with the following:

Consultation for benefit program regulation

68(2)

Before establishing a new benefit program under section 43, the Board of Directors must consult with the minister and provide the minister with such financial and other information as the minister requires.

205(2)

Subsections 68(2.1) and (2.2) are repealed.

206

Subsections 69(1) and (2) are replaced with the following:

Annual audit

69(1)

The accounts of the board must be audited each year by an independent auditor appointed by the Board of Directors. The costs of the audit are payable out of the accident fund.

Special audit or investigation

69(2)

The Board of Directors or the Lieutenant Governor in Council may at any time appoint a person to conduct a special audit or investigation of the accounts or affairs of the board. The board must co-operate with the person conducting the audit or investigation. The costs of the audit or investigation are payable out of the accident fund.

Transitional — Board of Directors

207(1)

On the day that section 200 of this Act comes into force, a person who was a member of the Board of Directors under The Workers Compensation Act immediately before that day continues as a member of the Board of Directors until the person is replaced or otherwise ceases to be a member of the Board of Directors.

Transitional — appeal commission

207(2)

On the day that section 202 of this Act comes into force, a person who was an appeal commissioner or a member of a panel of the appeal commission under The Workers Compensation Act immediately before that day continues as an appeal commissioner or as a member of the panel as if the person were appointed under that Act as it read on that day.

DIVISION 12

MISCELLANEOUS

R.S.M. 1987, c. C220 repealed

208(1)

The Co-operative Associations Loans and Loans Guarantee Act, R.S.M. 1987, c. C220, is repealed.

Transitional

208(2)

On the coming into force of this section,

(a) The Co-operative Loans and Loans Guarantee Board is dissolved;

(b) the appointment of each member of The Co-operative Loans and Loans Guarantee Board is revoked and the rights and obligations of each member in relation to that appointment are extinguished;

(c) the rights and property of The Co-operative Loans and Loans Guarantee Board are vested in the government;

(d) all liabilities and obligations of The Co-operative Loans and Loans Guarantee Board are assumed by the government; and

(e) a legal proceeding or action commenced by or against The Co-operative Loans and Loans Guarantee Board may be continued by or against the government.

S.M. 2010, c. 29, Schedule A repealed

209

The Credit Unions and Caisses Populaires Profits Tax Act, S.M. 2010, c. 29, Schedule A, is repealed.

Manitoba Regulation 209/2004 amended

210(1)

The Marriage Fees and Expenses Regulation, Manitoba Regulation 209/2004, is amended in subsection 4(1) of Schedule B by striking out "$70" and substituting "$80".

Retroactive effect

210(2)

All things done that would have been validly done had this section been in force on April 1, 2006 — including the Minister of Finance requiring and receiving $80 for a form of marriage licence from an issuer of marriage licences who is not a civil servant — are validated and deemed to have been lawfully done.

PART 10

FAMILIES

DIVISION 1

THE HEALTHY CHILD MANITOBA ACT

S.M. 2007, c. 7 repealed

211

The Healthy Child Manitoba Act, S.M. 2007, c. 7, is repealed.

Transitional

212

On the coming into force of this section,

(a) the appointment of each member of the Healthy Child Committee of Cabinet is revoked;

(b) the appointment of the secretary to the Healthy Child Committee of Cabinet is revoked;

(c) the designation of each member of the Healthy Child Deputy Ministers' Committee is revoked;

(d) the Healthy Child Manitoba Office is dissolved;

(e) the Provincial Healthy Child Advisory Committee is dissolved; and

(f) the appointment of each member of the Provincial Healthy Child Advisory Committee is revoked and all rights and obligations of the member in relation to that appointment are extinguished.

Consequential Amendments

C.C.S.M. c. C168 amended

213

Clause 11(3)(b) of The Community Schools Act is amended by adding "and" at the end of subclause (i) and by repealing subclause (ii).

S.M. 2018, c. 8 (unproclaimed provision repealed)

214

Section 7 of The Boards, Committees, Councils and Commissions Streamlining Act (Various Acts Amended or Repealed), S.M. 2018, c. 8, is repealed.

DIVISION 2

THE PROTECTING CHILDREN (INFORMATION SHARING) ACT

C.C.S.M. c. P143.5 amended

215

The Protecting Children (Information Sharing) Act is amended by this Division.

216

The title is amended by adding "AND SUPPORTING" after "PROTECTING".

217

The preamble is amended

(a) in the second paragraph,

(i) by adding "and their families" after "children", and

(ii) by striking out "provided" and substituting "developed and provided"; and

(b) by replacing the third paragraph with the following:

AND WHEREAS appropriate sharing of information when developing, planning, providing or evaluating programs and services for children and their families is critical to ensuring the best possible outcomes for children;

218

Section 1 is renumbered as section 1.1 and is amended

(a) in the part before the definitions, by striking out "this Act" and substituting "this Part"; and

(b) by repealing the definitions "personal health information" and "personal information".

219

The following is added as section 1 and before section 1.1:

Definitions

1

The following definitions apply in this Act.

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"personal health information" has the same meaning as in The Personal Health Information Act. (« renseignements médicaux personnels »)

"personal information" has the same meaning as in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)

220

The following is added after section 1:

PART 1

SHARING INFORMATION TO PROTECT AND SUPPORT CHILDREN

221

The following is added as Part 2:

PART 2

SHARING INFORMATION TO SUPPORT CHILDREN'S PROGRAMMING

Definitions

5.2

The following definitions apply in this Part.

"community organization" means a corporation or other organization, other than a public body, that receives funding from the government to provide services or benefits for children or their families. (« organisme communautaire »)

"public body" has the same meaning as in The Freedom of Information and Protection of Privacy Act. (« organisme public »)

Minister may request information

5.3(1)

The minister may request a public body or community organization to provide, or collect on behalf of the minister and provide, personal information or personal health information for the purposes set out in subsection (3).

Duty to provide information

5.3(2)

A public body or community organization that receives a request under subsection (1) must provide the minister with the information requested, in the form and within the time specified by the minister.

Purposes of request

5.3(3)

Information may be requested, collected and provided under this section only for the purposes of researching, planning, providing, evaluating or monitoring services or benefits that directly affect children and their families.

Duty to adopt security safeguards

5.3(4)

The minister must protect all personal information and personal health information collected under this section by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.

Disclosing information

5.4(1)

For any of the purposes set out in subsection 5.3(3), the minister may disclose personal information or personal health information to

(a) a public body; or

(b) a government of another jurisdiction, community organization or other entity that has entered into an agreement under section 5.7.

Agreement must protect information

5.4(2)

An agreement about disclosure of personal information or personal health information referred to in clause (1)(b) must provide for reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.

Non-identifying information

5.5

The minister must

(a) not request, collect or disclose personal information or personal health information under this Part if other information will serve the purpose of the request, collection or disclosure; and

(b) limit the amount of information requested, collected or disclosed to the minimum amount necessary to accomplish the purpose.

Safeguards for sensitive information

5.6

In determining the reasonableness of security safeguards adopted under subsection 5.3(4) or 5.4(2), the degree of sensitivity of the information to be protected must be taken into account.

Agreements

5.7

The minister may enter into an agreement with any government, community organization or other entity for the purposes of section 5.4.

222

The following is added before section 6:

PART 3

GENERAL PROVISIONS

223

Section 6 is replaced with the following:

Permitted information sharing continues

6

If another enactment, including The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act, requires or permits the collection, use or disclosure of personal information or personal health information, nothing in this Act is to be interpreted as limiting the ability to do so.

224

The centred headings before sections 7 and 8 are repealed.

225(1)

Section 8 is amended by striking out "this Act" and substituting "this Part".

225(2)

Section 8 is further amended by renumbering it as section 5.1 as part of Part 1.

226(1)

Section 9 is amended by striking out "responsible for the administration of this Act".

226(2)

Section 9 is further amended by renumbering it as subsection 9(1) and adding the following as subsection 9(2):

Non-application of Part 2

9(2)

The review requirement under subsection (1) does not apply to Part 2 of this Act.

Transitional

227

An agreement referred to in clause 20(1)(b) of The Healthy Child Manitoba Act (as it read immediately before its repeal) that is in effect on the coming into force of this section is deemed to be an agreement referred to in clause 5.4(1)(b) of The Protecting and Supporting Children (Information Sharing) Act, as enacted by section 221 of this Act.

Consequential Amendments

Consequential amendments — title

228

In the following provisions of the following Acts, "The Protecting Children (Information Sharing) Act" is struck out and "The Protecting and Supporting Children (Information Sharing) Act" is substituted:

(a) section 99 of The Adoption Act;

(b) section 39 of The Mental Health Act;

(c) subsection 8(2) of The Missing Persons Act, in the part before clause (a).

Consequential amendments — other Acts

229

In the following provisions of the following Acts, "The Protecting Children (Information Sharing) Act" is struck out and "Part 1 of The Protecting and Supporting Children (Information Sharing) Act" is substituted:

(a) clause 76(3)(g.1) of The Child and Family Services Act;

(b) subsection 56(1) of The Correctional Services Act, in the part after clause (c);

(c) clause 6(c) of The Victims' Bill of Rights.

DIVISION 3

800 ADELE AVENUE LEASE TERMINATION  

Definition

230(1)

In this section, "800 Adele Avenue lease agreement" means the lease agreement respecting the premises located at 800 Adele Avenue, Winnipeg, Manitoba, dated October 8, 2008, between

(a) 5185603 Manitoba Ltd., as Landlord; and

(b) the First Nations of Southern Manitoba Child and Family Services Authority, as Tenant.

References to Southern Authority

230(2)

The name of the First Nations of Southern Manitoba Child and Family Services Authority, as established under The Child and Family Services Authorities Act, S.M. 2002, c. 35, was changed to the Southern First Nations Network of Care under section 4 of The Statutes Correction and Minor Amendments Act, 2015, S.M. 2015, c. 43. As a result, any reference to the First Nations of Southern Manitoba Child and Family Services Authority in the 800 Adele Avenue lease agreement is deemed to be a reference to the Southern First Nations Network of Care.

Lease agreement terminated

230(3)

Despite its terms, the 800 Adele Avenue lease agreement is hereby terminated effective November 30, 2020.

No cause of action

230(4)

No cause of action arises as a direct or indirect result of the enactment of this section.

No remedy

230(5)

No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith or trust or for a breach of fiduciary duty, is available to any person in connection with the application of this section.

Proceedings barred

230(6)

No action or other proceeding, including but not limited to any action or proceeding in contract, restitution, tort, misfeasance, bad faith or trust or for a breach of fiduciary duty, that is directly or indirectly based on or related to the application of this section may be brought or maintained against any person.

Definition of "person"

230(7)

In subsection (6), "person" includes, but is not limited to,

(a) the Southern First Nations Network of Care, and its current and former directors, officers, employees and agents; and

(b) the Crown in right of Manitoba, and its current and former officers, employees and agents and any current or former member of the Executive Council.

Application — before and after coming into force

230(8)

Subsection (6) applies regardless of whether the cause of action on which the proceeding is allegedly based arose before or after the coming into force of this section, and any decision in an action or other proceeding referred to in that subsection is of no effect.

Proceedings dismissed

230(9)

Any action or other proceeding referred to in subsection (6) commenced before the day this section comes into force is deemed to have been dismissed, without costs, on the day this section comes into force, including, without limitation, Court of Queen's Bench File No. CI19-01-21887.

No entitlement to compensation

230(10)

Despite any other Act or law, no person is entitled to be compensated for any loss or damages, including loss of revenues, loss of goodwill, loss of profit or loss of expected earnings or denial or reduction of compensation that would have been payable to any person, arising from the application of this section or anything done in accordance with this section.

No expropriation or injurious affection

230(11)

For greater certainty, no taking, expropriation or injurious affection occurs as a result of the application of this section.

No admission, etc.

230(12)

Nothing in this section acknowledges, admits, validates or recognizes a cause of action or proceeding referred to in this section.

DIVISION 4

CHILD AND FAMILY SERVICES

Definitions

231(1)

The following definitions apply in this section.

"agency" and "authority" have the same meaning as in subsection 1(1) of The Child and Family Services Act. (« office » et « régie »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer The Child and Family Services Act. (« ministre »)

"special allowance" means the special allowance under the Children's Special Allowances Act (Canada) and the regulations made under that Act. (« allocation spéciale »)

Purpose

231(2)

This section is to address the government's actions concerning the special allowances that agencies received or were eligible to receive for children in their care during the period January 1, 2005, to March 31, 2019, inclusive (referred to in this section as the "funding period").

Provincial funding framework

231(3)

Section 6.6 of The Child and Family Services Act provides that the minister may fix rates payable for services provided under that Act. Those rates are effective as of the date that is fixed in the minister's order, which may be retroactive.

Deemed rates for service

231(4)

For the funding period, the rates payable for services fixed by the minister for each agency are deemed to have been fixed at the amount determined in accordance with following formula (referred to in this section as "the minister's rates for services"):

A − B

In this formula,

A

is the greater of

(a) the amount of funding that the government provided, directly or indirectly, to the agency during the funding period, and

(b) the amount of funding that the government would have provided, directly or indirectly, to the agency during the funding period, if the government had not reduced or retained by way of set-off some or all of that funding as a result of the agency receiving or being eligible to receive the special allowance for children in its care;

B

is the amount of the special allowance that the agency received or was eligible to receive during the funding period for children in its care.

Deemed notice of minister's rates for services

231(5)

Each agency and each authority is deemed to have received notice of the minister's rates for services on the following dates:

(a) in the case of an agency, on the later of January 1, 2005, or the day the agency was mandated under the Agency Mandates Regulation, Manitoba Regulation 184/2003;

(b) in the case of an authority, on the day The Child and Family Services Authorities Act came into force.

Deemed overpayment amount

231(6)

Each agency that received, directly or indirectly, funding from the government during the funding period in excess of the minister's rates for services is deemed to have received an overpayment from the government in an amount equal to the excess (referred to in this section as the "overpayment").

Deemed recovery of overpayment amount

231(7)

The following actions taken before or after the coming into force of this section are deemed to be actions taken in respect of the government's recovery of any overpayment that it made:

(a) the government reducing or retaining by way of set-off a portion of the funding it otherwise would have provided, directly or indirectly, to an agency by an amount equivalent to an amount of the special allowance received or receivable by the agency;

(b) an agency remitting to the government, or the government directly or indirectly collecting from the agency, an amount of the special allowance received or receivable by the agency, or the equivalent of such an amount.

No cause of action

231(8)

No cause of action arises as a direct or indirect result of the application of this section.

No remedy

231(9

) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith or trust or for a breach of fiduciary duty, is available to any person in connection with the application of this section.

Proceedings barred

231(10)

No action or other proceeding, including but not limited to any action or proceeding in contract, restitution, tort, misfeasance, bad faith or trust or for a breach of fiduciary duty, that is directly or indirectly based on or related to the application of this section may be brought or maintained against any person.

Definition of "person"

231(11)

In subsection (10), "person" includes, but is not limited to,

(a) the Crown in right of Manitoba, and its current and former employees and agents and any current or former member of the Executive Council;

(b) each authority and its current and former employees and agents; and

(c) each agency and its current and former employees and agents.

Application — before or after coming into force

231(12)

Subsection (10) applies regardless of whether the cause of action on which the proceeding is allegedly based arose before or after the coming into force of this section, and any decision in an action or other proceeding referred to in that subsection is of no effect.

Proceedings dismissed

231(13)

Any action or proceeding referred to in subsection (10) commenced before the day this section comes into force is deemed to have been dismissed, without costs, on the day this section comes into force, including, without limitation, Court of Queen's Bench File No. CI18-01-14043 and File No. CI18-01-18438.

No expropriation or injurious affection

231(14)

For greater certainty, no taking, expropriation or injurious affection occurs as a result of the application of this section.

No admission, etc.

231(15)

Nothing in this section acknowledges, admits, validates or recognizes a cause of action or proceeding referred to in this section.

THE CHILD AND FAMILY SERVICES ACT

C.C.S.M. c. C80 amended

232

Subsection 9(1) of The Child and Family Services Act is amended by adding ", including related financial or material assistance," after "services".

PART 11

OTHER AMENDMENTS

DIVISION 1

RATES FOR POWER AND NATURAL GAS

Increase in Manitoba Hydro rates

233(1)

Effective December 1, 2020, for all customer classes, Manitoba Hydro must increase the rates it charges for power supplied by the corporation by 2.9%.

Exclusions

233(2)

The increase required under subsection (1) does not apply to

(a) the rates charged to diesel customer classes, other than

(i) a rate charged to a diesel customer class that is equal to the equivalent grid rate, or

(ii) a component of a rate charged to a diesel customer class that is equal to the corresponding component of the equivalent grid rate; or

(b) the rates under

(i) the surplus energy program, or

(ii) the curtailable rate program.

Increases not subject to approval

233(3)

The increase required under subsection (1) is not subject to

(a) section 39, except subsections (2.1) and (2.2), of The Manitoba Hydro Act; or

(b) Part 4 (Public Utilities Board Review of Rates) of The Crown Corporations Governance and Accountability Act.

Increase in Centra Gas rates

234(1)

Effective December 1, 2020, Manitoba Hydro's subsidiary Centra Gas Manitoba Inc. (referred to in this Division as "Centra") must increase the component costs — other than the commodity cost component — of the rates charged for natural gas sold by Centra by 2.9% for all customer classes.

Meaning of "commodity cost"

234(2)

In this section, "commodity cost" has the same meaning as in section 112 of The Public Utilities Board Act.

Increase not subject to approval

234(3)

The increase required under subsection (1) is not subject to The Public Utilities Board Act, and The Public Utilities Board must not take the increase into account when determining the commodity cost component to be charged by Centra.

Treatment of increased revenue

235

The revenue generated from the rate increases provided for under this Division is to be recognized immediately in Manitoba Hydro's and Centra's general revenues, respectively, and is not to be deferred to a regulatory deferral account for future recognition.

Rate schedules to be made public

236

Manitoba Hydro and Centra must prepare rate schedules that include the increases required under sections 233 and 234 and publish the schedules on a publicly accessible website before December 1, 2020.

DIVISION 2

THE HELEN BETTY OSBORNE MEMORIAL FOUNDATION ACT

C.C.S.M. c. H38.1 amended

237

The Helen Betty Osborne Memorial Foundation Act is amended by this Division.

238

The title is amended by striking out "FOUNDATION" and substituting "FUND".

239

The preamble is amended

(a) in the first, second and sixth paragraphs of the English version, by striking out "aboriginal" and substituting "Indigenous"; and

(b) in the sixth paragraph, by striking out "creating a foundation" and substituting "maintaining a fund".

240

Section 1 is replaced with the following:

Definitions

1

The following definitions apply in this Act.

"fund" means the Helen Betty Osborne Memorial Fund continued under section 15.1. (« Fonds »)

"Indigenous persons" includes First Nations, Inuit and Métis persons. (« Autochtone »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

241

Sections 2 to 15 are repealed.

242

The following is added before section 16:

Helen Betty Osborne Memorial Fund continued

15.1

The fund established under section 6, as it read immediately before the coming into force of this section, is hereby continued as the "Helen Betty Osborne Memorial Fund" under the administration of the minister.

Purposes of fund

15.2

The purposes of the fund are

(a) to provide financial assistance to Indigenous persons residing in Manitoba who have been accepted into post-secondary studies in Manitoba; and

(b) to promote the memory of Helen Betty Osborne.

Agreement to administer fund

15.3(1)

The minister may enter into one or more agreements with The Winnipeg Foundation, as continued under The Winnipeg Foundation Act, or with any other person

(a) to manage and administer the fund; and

(b) to pay income or capital from the fund to make scholarships, bursaries, grants or other payments to achieve the purposes of the fund.

Matters covered by agreement

15.3(2)

An agreement may include provisions dealing with one or more of the following:

(a) donations to the fund;

(b) the management and administration of the fund;

(c) the criteria used to select recipients of scholarships, bursaries and grants paid from the fund;

(d) the amounts that may be paid for scholarships, bursaries and grants from the fund;

(e) public reports respecting the use of amounts paid from the fund;

(f) any other matter the minister considers necessary or advisable to carry out the purposes of the fund.

Transitional

243

On the coming into force of this section,

(a) The Helen Betty Osborne Memorial Foundation is dissolved;

(b) the appointment of each trustee is revoked and the rights and obligations of each trustee in relation to that appointment are extinguished;

(c) the rights and property of The Helen Betty Osborne Memorial Foundation are vested in the government;

(d) all liabilities and obligations of The Helen Betty Osborne Memorial Foundation are assumed by the government; and

(e) any legal proceeding or action commenced by or against The Helen Betty Osborne Memorial Foundation may be continued by or against the government.

DIVISION 3

THE LEGISLATIVE BUILDING CENTENNIAL RESTORATION AND PRESERVATION ACT

C.C.S.M. c. L117 amended

244

The Legislative Building Centennial Restoration and Preservation Act is amended by this Division.

245

Section 1 is amended

(a) by replacing the definition "associated infrastructure" with the following:

"associated infrastructure" means

(a) the stairs, walkways, roadways and supporting infrastructure on the legislative grounds;

(b) the fountain located on the south side of the legislative building;

(c) the services tunnel that runs between the legislative building and the power house located at 219 Memorial Boulevard; and

(d) Government House;

but does not include the government greenhouses located at 446 Assiniboine Avenue. (« infrastructures connexes »)

(b) by adding the following definition:

"Government House" means the building located at 10 Kennedy Street in the City of Winnipeg. (« Palais du gouvernement »)

246

Clause 7(1)(c) is amended by striking out everything after "legislative building" and substituting "and Government House to ensure proper functioning of those buildings in the future; and".

Transitional — amendments to long-term plan

247(1)

Within six months after the coming into force of this section,

(a) the division must propose amendments to the long-term restoration and preservation plan so that the plan applies to Government House; and

(b) the advisory committee must approve the amendments or require the division to make specified changes to the amendments before approving the amendments.

Interpretation re transitional provision

247(2)

In subsection (1), "advisory committee", "division" and "long-term restoration and preservation plan" have the same meaning as in The Legislative Building Centennial Restoration and Preservation Act.

Related amendments, C.C.S.M. c. G80

248

The Government House Act is amended

(a) in section 1, by repealing the definition "department"; and

(b) by repealing sections 3 to 5.

DIVISION 4

THE LABOUR RELATIONS ACT

C.C.S.M. c. L10 amended

249

The Labour Relations Act is amended by this Division.

250

Section 1 is amended

(a) by replacing the definition "conciliation officer" with the following:

"conciliator" means a person appointed by the board as a conciliator under subsection 67(1); (« conciliateur »)

(b) by repealing the definition "director";

(c) in the definition "grievance mediator", by striking out "subsection 130(8)" and substituting "clause 130(5)(c)"; and

(d) in clause (a) of the definition "parties",

(i) by striking out "assignment or",

(ii) in the English version, by striking out "conciliation officer" wherever it occurs and substituting with "conciliator", and

(iii) by striking out "assigned or".

251

Clause 28(2)(a) of the English version is amended by striking out "conciliation officer" and substituting "conciliator".

252(1)

Subsection 67(1) is replaced with the following:

Appointment of conciliator

67(1)

The board shall appoint a conciliator to confer with parties engaged in collective bargaining if

(a) the minister requests the board to appoint a conciliator; or

(b) a notice to commence collective bargaining has been given under this Act and

(i) collective bargaining has not commenced within the time prescribed by this Act or collective bargaining has commenced, and

(ii) either party requests the board in writing to appoint a conciliator to confer with the parties to assist them to conclude a collective agreement or a renewal or revision of a collective agreement, and the request is accompanied by a statement of the difficulties, if any, that have been encountered before the commencement or in the course of collective bargaining.

Public interest

67(1.1)

The minister may request the appointment of a conciliator under clause (1)(a) only if satisfied that doing so is in the public interest.

Appointment of part-time vice-chairperson

67(1.2)

If the board has included a part-time vice-chairperson of the board in the list of conciliators under section 68.1, the vice-chairperson shall function in a private capacity when appointed as a conciliator and not as a vice-chairperson.

Disqualification of certain individuals

67(1.3)

No person is eligible to be appointed or to act as a conciliator in relation to a matter if the person

(a) has a pecuniary interest in the matter; or

(b) has acted as solicitor, counsel or agent for a party to the conciliation in the one-year period before the appointment, unless the parties agree to the appointment.

252(2)

Subsection 67(2) is amended

(a) by striking out "assigned" and substituting "appointed"; and

(b) in the English version, by striking out "conciliation officer" and substituting "conciliator". 

252(3)

Subsection 67(3) is amended

(a) in the part before clause (a), by striking out "assigned" and substituting "appointed"; and

(b) in the English version, by striking out "conciliation officer" wherever it occurs and substituting "conciliator".

253(1)

Subsection 68(3.1) is amended

(a) by striking out "assignment" wherever it occurs and substituting "appointment"; and

(b) in the English version, by striking out "conciliation officer" wherever it occurs and substituting "conciliator".

253(2)

Subsection 68(4) of the English version is amended by striking out "conciliation officer" wherever it occurs and substituting "conciliator".

253(3)

Subsection 68(5) is replaced with the following:

Remuneration of conciliator appointed at minister's request

68(5)

The remuneration and expenses of a conciliator appointed at the minister's request under clause 67(1)(a) are to be paid by the government.

Remuneration of conciliator appointed at party's request

68(6)

Each party to conciliation shall pay one-half of the remuneration and expenses of a conciliator appointed at a party's request under clause 67(1)(b), unless the collective agreement between the parties provides otherwise.

254

The following is added after section 68:

List of conciliators

68.1

After consulting with representatives of employers and employees, the board may establish and maintain a list of persons who have, in its opinion, qualities and experience that make them suitable to act as conciliators and who are willing to so act. The board may make the list available to parties to collective bargaining or disputes.

255(1)

Clause 87(1)(b) is replaced with the following:

(b) a conciliator has been appointed under subsection 67(1) or the parties themselves have jointly selected someone to assist them to conclude a collective agreement;

(b.1) either

(i) the conciliator has notified the board and the parties under subsection 68(3.1) that the parties are unlikely to conclude a collective agreement or, where the parties have jointly selected someone to assist them, that person has so notified the parties in writing, or

(ii) 120 days have elapsed since the conciliator was appointed or the other person was selected;

255(2)

Clause 87(3)(b) is amended by striking out "the conciliation officer" and substituting "the conciliator or other person jointly selected by the parties to assist them".

256

Clause 87.1(1)(b) is replaced with the following:

(b) for a 30-day period of the strike or lockout, the parties have attempted to conclude a new collective agreement with the assistance of a conciliator, mediator or another person jointly selected by the parties to assist them; and

257

Subsection 87.2(1) is amended by replacing the last sentence with the following:

However, if the parties both agree, the board may appoint a board representative or a conciliator to confer with the parties to assist them in settling the provisions of a collective agreement.

258

Subsection 95(2) is amended by striking out "it is advisable to do so" and substituting "it is in the public interest to do so".

259

Subsection 97(1) of the English version is amended by striking out "conciliation officer" and substituting "conciliator".

260

Subsection 111(4) is replaced with the following:

Costs of mediator

111(4)

Each party to mediation shall pay one-half of the remuneration and expenses of a mediator appointed under subsection 95(1) or (1.1).

261

Section 112 of the French version is amended, in the section heading, by striking out "d'arbitres" and substituting "de médiateurs".

262(1)

Subsection 129(1) is amended by striking out "director" and substituting "board".

262(2)

The following is added after subsection 129(1):

Appointment of part-time vice-chairperson

129(1.1)

If the board has included a part-time vice-chairperson of the board in the list of grievance mediators under section 129.1, the vice-chairperson shall function in a private capacity when appointed as a grievance mediator and not as a vice-chairperson.

Disqualification of certain individuals

129(1.2)

No person is eligible to be appointed or to act as a grievance mediator in relation to a matter if the person

(a) has a pecuniary interest in the matter; or

(b) has acted as solicitor, counsel or agent for a party to the conciliation in the one-year period before the appointment, unless the parties agree to the appointment.

262(3)

Subsection 129(2) is repealed.

263

The following is added after section 129:

List of grievance mediators

129.1

After consulting with representatives of employers and employees, the board may establish and maintain a list of persons who have, in its opinion, qualities and experience that make them suitable to act as grievance mediators and who are willing to so act. The board may make the list available to parties to collective bargaining or disputes.

Remuneration for grievance mediators

129.2

Each party to grievance mediation shall pay one-half of the remuneration and expenses of a grievance mediator appointed under section 129 or 130.

264(1)

Clause 130(5)(c) is replaced with the following:

(c) may, if the board considers it appropriate and the parties both agree, appoint a grievance mediator to assist the parties in settling the grievance before the hearing.

264(2)

Subsection 130(8) is repealed.

264(3)

Subsection 130(9) is amended, in the part before clause (a),

(a) by striking out "subsection (8)" and substituting "clause (5)(c)"; and

(b) by striking out "director" and substituting "board".

265

Clause 141(1)(f.3) is repealed.

266

The following is added after section 141.2:

Regulations by LG in C

141.3(1)

The Lieutenant Governor in Council may make regulations respecting fees to be charged by the board in respect of a request, referral, application, appeal or complaint made to the board under this or any other Act.

Consultation

141.3(2)

Before a regulation is made under this section, the minister must provide an opportunity for consultation with, and seek advice and recommendations about the proposed regulation from, representatives of employers and employees.

Consequential amendments

C.C.S.M. c. E146 amended

267

Subsection 6(4) of the English version of The Essential Services Act (Health Care) is amended by striking out "conciliation officer" and substituting "conciliator".

C.C.S.M. c. L20 amended

268(1)

The Labour Administration Act is amended by this section.

268(2)

Subsection 11(1) of the English version is amended by striking out "conciliation officer" and substituting "conciliator".

268(3)

Subsection 11(3) of the English version is amended by striking out ""conciliation officer"" and substituting ""conciliator"".

DIVISION 5

THE OPTOMETRY ACT

C.C.S.M. c. O70 amended

269

The Optometry Act is amended by this Division.

270

The following is added before section 1:

PART 1

INTERPRETATION

271

Section 1 is amended

(a) by adding the following definitions:

"investigated member" means a registered member or former member who is subject to a complaint under Part 5; (« membre visé par l'enquête »)

"permit" means a permit issued by the registrar to a corporation authorizing it to carry on the practice of optometry during the period specified in the permit; (« licence »)

"professional corporation" means a corporation holding a valid permit; (« société professionnelle »)

"register" means the register of registered members established under this Act; (« registre »)

"registered member" means an individual whose name is entered in the register; (« membre inscrit »)

"voting share", in a relation to a corporation, means a share of its capital stock that entitles the holder to vote in any election of the corporation's directors; (« action avec droit de vote »)

"voting shareholder", in relation to a corporation, means a person who owns a voting share of the corporation or is a voting shareholder of another corporation that owns a voting share of the corporation. (« actionnaire avec droit de vote »)

(b) in the definition "optometric drug licence" by striking out "an optometrist" and substituting "a registered member"; and

(c) by repealing the definitions "member" and "optometrist".

272

The centred heading "PRACTICE OF OPTOMETRY" is added before section 2.1.

273

Subsection 2.1(2) is amended, in the part before clause (a), by striking out "an optometrist" and substituting "a registered member".

274

The following is added before section 4:

PART 2

GOVERNANCE

ASSOCIATION

275

The centred heading "COUNCIL" is added before section 5.

276

Subsections 5(1) and (2) are amended by striking out "members of the association" and substituting "registered members".

277

The centred heading "REGULATORY ADVISORY COMMITTEE" is added before section 6.1.

278

The centred heading "REGULATIONS" is added before section 7.

279

Subsection 7(1) is amended

(a) in clause (a), by striking out "members of the association" and substituting "registered members";

(b) in clause (b), by adding "as a member," after "registration";

(c) in clause (b.1), by striking out "person's application for registration" and substituting "candidate's application for registration as a member";

(d) in clauses (d) and (d.1), by striking out "an optometrist" wherever it occurs and substituting "a member"; and

(e) by adding the following after clause (i):

(j) permitting a corporation or class of corporations, other than a professional corporation, to carry on the practice of optometry.

280

The centred heading "EXAMINATIONS" is added before section 8.

281

Subsection 8(3) is amended by striking out "an optometrist" and substituting "a registered member".

282

The centred heading "BY-LAWS" is added before section 9.

283(1)

Subsection 9(1) is amended

(a) by replacing the part before clause (a) of the French version with the following:

Pouvoirs additionnels

9(1)

L'Association peut prendre des règlements administratifs compatibles avec les dispositions de la présente loi concernant :

(b) in clause (f), by adding "registered" before "members";

(c) by replacing clause (j) with the following:

(j) the prescribing of fees and dues to be paid by a person

(i) applying for registration as a member, or the renewal of registration, under this Act,

(ii) for an examination under section 11,

(iii) applying for an optometric drug licence, or the renewal of a licence, under section 12, or

(iv) applying for a permit, or the renewal of a permit, under section 17.2;

(d) by adding the following after clause (j):

(k) any matter regarding the issuance, suspension, expiry or revocation of a certificate of registration, optometric drug licence or permit, including

(i) conditions that must be met before a certificate, licence or permit may be issued or renewed, or

(ii) conditions that may be imposed on a certificate, licence or permit;

(l) the establishment of the record of professional corporations required by section 17.15;

(m) the prescribing of the names of professional corporations.

283(2)

Subsections 9(2) and (3) are amended by striking out "member of the association" and substituting "registered member".

284

The following is added before section 10:

PART 3

MEMBERSHIP

REGISTRATION

285

Section 10 is amended by striking out "person" and substituting "individual".

286(1)

Subsection 11(1) is amended

(a) by replacing the part before clause (a) with the following:

Registration of members

11(1)

The board of examiners shall approve a candidate's application for registration as a registered member if, in making application for registration, the individual

(b) in clauses (a) and (e), by adding "establishes that he or she" at the beginning.

286(2)

Subsection 11(2) is amended by striking out "a person for registration solely because the person's" and substituting "an individual for registration solely because the individual's".

286(3)

Subsection 11(4) is replaced with the following:

Entry in register

11(4)

The registrar shall enter in the register the name of an individual whose application for registration as a registered member is approved by the board and any other information as is required by this Act, the regulations or the by-laws.

Certificate of registration

11(5)

Upon entry of the information in the register, the registrar shall issue a certificate of registration to the individual.

287

The centred heading "PUBLIC HEALTH EMERGENCY" is added before section 11.1.

288

Subsection 11.1(3) of the English version is amended by adding "of registration" after "certificate".

289

The centred heading "OPTOMETRIC DRUG LICENCE" is added before section 12.

290(1)

Subsection 12(1) is amended

(a) in the part before clause (a), by striking out "optometrist" and substituting "registered member"; and

(b) in clause (a), by striking out "optometrist" and substituting "member".

290(2)

Subsection 12(2) is amended, in the part before clause (a), by

(a) striking out "an optometrist" and substituting "a member"; and

(b) striking out "the optometrist" and substituting "the member".

291

The centred heading "GENERAL MEMBERSHIP PROVISIONS" is added before section 13.

292

Section 14 is replaced with the following:

Display of certificate

14

Every registered member practising optometry shall display their certificate of registration in a conspicuous place in the office or place where the member practises optometry.

293(1)

Subsections 15(2) and (3) are replaced with the following:

Fees and dues

15(2)

Every holder of a certificate of registration is a registered member of the association, and is liable to pay the fees and dues provided for in the by-laws.

Annual dues

15(3)

Each member shall pay to the treasurer or secretary-treasurer the annual dues as provided in the by-laws, and upon payment shall receive an annual renewal of their certificate of registration. In the case of default in the payment of the dues, the member's certificate may be revoked by the council upon 30 days' notice being given to the member.

293(2)

Subsection 15(4) is amended by striking out "Where" and substituting "Subject to subsection (5), if".

293(3)

Subsection 15(5) is replaced with the following:

Reregistration after lapse

15(5)

If an individual's certificate of registration has not been renewed for five or more consecutive years and the individual applies for reregistration as a member, they must apply to the council for registration and the council may issue a certificate of registration upon any conditions as it deems appropriate.

294

Section 16 is renumbered as section 4.1.

295

Section 17 is replaced with the following:

Restriction on use of title "Doctor"

17

No registered member, or professional corporation on whose behalf a member provides an optometric service, may use or display the title "Doctor" or the abbreviation "Dr." in connection with the member's name unless the word "Optometry" or "Optometrist" is used or displayed immediately before or after the member's name.

296

The following is added after section 17:

PART 4

PROFESSIONAL CORPORATIONS

Authority of professional corporation to practise

17.1(1)

A professional corporation established by one or more members may carry on the practice of optometry

(a) under the corporation's name; or

(b) as a member of a general partnership of professional corporations, or of professional corporations and registered members, under a name approved by the registrar in accordance with the by-laws.

How professional corporation may practise

17.1(2)

A professional corporation may practise only through members who are authorized under this Act to practise optometry in Manitoba.

PERMIT

Permit for professional corporation

17.2(1)

Subject to subsection (5), the registrar must issue a permit, or a renewal of a permit, to a corporation that wishes to carry on the practice of optometry if the registrar is satisfied that

(a) the corporation is incorporated, formed by amalgamation or continued under The Corporations Act, and is in good standing under that Act;

(b) the name of the corporation includes terms used to describe the practice of optometry, followed by the word "corporation", and is approved by the registrar in accordance with the by-laws;

(c) each voting share of the corporation is both legally and beneficially owned by

(i) a registered member, or

(ii) another professional corporation;

(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is

(i) a voting shareholder of the corporation,

(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or

(iii) a corporation, each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);

(e) each director of the corporation is a registered member;

(f) the president of the corporation is a registered member;

(g) each person through whom the corporation will be carrying on the practice of optometry is a registered member who is authorized under this Act to practise optometry in Manitoba;

(h) the corporation has filed an application, in the form prescribed by by-law, and paid the fee prescribed by by-law for the permit or its renewal; and

(i) all other requirements prescribed by by-law for the issuance or renewal of the permit have been satisfied.

Conditions

17.2(2)

A permit may be issued or renewed subject to any conditions that the registrar considers advisable.

Validity

17.2(3)

Unless it is cancelled, surrendered or suspended, a permit issued or renewed under subsection (1) is valid for the time period specified in the permit.

Validity during consideration of renewal application

17.2(4)

If an application for renewal is received by the registrar by the date set out in the by-laws, the permit continues in force until a decision on the application has been made.

Refusal to issue or renew permit

17.2(5)

The registrar

(a) must refuse to issue a permit to, or renew the permit of, a corporation if the registrar is not satisfied by proper evidence that the corporation meets the requirements of subsection (1); and

(b) may refuse to issue a permit to, or renew the permit of, a corporation if

(i) a permit previously issued to the corporation has been cancelled or surrendered, or

(ii) a director, officer or shareholder of the corporation is or has been a director, officer or shareholder of a professional corporation whose permit has been cancelled or surrendered.

Notice of decision

17.2(6)

If the registrar refuses to issue or renew a permit under subsection (5), or issues or renews a permit subject to conditions, the registrar must notify the corporation in writing of the decision and the reasons for it, and of the corporation's right to appeal the decision.

Appeal to council

17.2(7)

A corporation that is refused a permit or renewal of a permit under subsection (5), or whose permit is issued or renewed subject to conditions, may appeal the registrar's decision to the council.

How to appeal

17.2(8)

The appeal must be made by filing a written notice of appeal with the council within 30 days after the corporation receives notice of the decision. The notice of the appeal must specify the reasons for the appeal.

Decision by council

17.2(9)

The council must either dismiss the appeal or make any decision the registrar could have made. The council must give the corporation written notice of its decision and the reasons for it.

Appeal to court

17.2(10)

A corporation may appeal the decision of the council to the court by filing a notice of appeal within 30 days after receiving notice of the council's decision. Subsection 17.10(2) applies to an appeal under this subsection.

RESTRICTIONS

Carrying on practice without permit prohibited

17.3

Except as permitted by the regulations, no corporation, other than a professional corporation, shall carry on the practice of optometry.

Restriction on use of name

17.4(1)

A corporation whose name includes the words "optometric corporation" or any other phrase prescribed by by-law must not carry on any business in Manitoba unless it is a professional corporation.

Restriction on business of professional corporation

17.4(2)

A professional corporation must not carry on any business or activity other than the practice of optometry and the provision of other services directly associated with that practice.

Interpretation of business restriction

17.4(3)

Subsections (1) and (2) must not be construed so as to prohibit a professional corporation from investing its funds in real property, other than for development purposes, or in stocks, mutual funds, debt obligations, insurance, term deposits or similar investments.

Validity of corporate act

17.4(4)

No act of a professional corporation, including a transfer of property to or by the corporation, is invalid merely because it contravenes subsection (1) or (2).

DUTIES AND RESPONSIBILITIES

Conflict in duties

17.5

If there is a conflict or potential conflict between a registered member's duty to a person receiving an optometric service from the member, the association or the public and the member's duty, as an employee, director or officer, to a corporation, the duty to the person receiving the optometric service, the association or the public prevails.

Member must comply with Act, etc.

17.6(1)

A registered member must comply with this Act and the regulations, by-laws, rules of ethics, professional standards and guidelines for the profession of optometry, despite any relationship the member may have with a corporation.

Contraventions by corporation prohibited

17.6(2)

A professional corporation or a corporation permitted by regulation to practise optometry must not contravene any provision of this Act, or the regulations or the by-laws of the association.

Obligations to persons receiving optometric services not diminished

17.6(3)

The fiduciary and ethical obligations of a member, and the obligations of a member respecting confidentiality, to a person receiving an optometric service from the member

(a) are not diminished by the fact that the member is practising through a corporation; and

(b) apply equally to a corporation on whose behalf the service is provided, and to its directors and officers and, in respect of a professional corporation, its shareholders.

Liability of members

17.6(4)

The liability of a member to a person receiving an optometric service is not affected by the fact that the service is provided on behalf of a corporation.

Liability of voting shareholders

17.6(5)

A person is jointly and severally liable with a professional corporation for all professional liability claims made against the corporation in respect of acts, errors or omissions that were made or occurred while the person was a voting shareholder of the corporation.

Investigation of member practising through corporation

17.6(6)

If the conduct of a member through whom a corporation is or was practising optometry at the time the conduct occurs or occurred is the subject of a complaint or an investigation or discipline proceedings,

(a) any power of entry, inspection or investigation that may be exercised in respect of the member, any premises or place where the member practises or has practised optometry or any book, record, document or equipment relating to the member's practice may be exercised in respect of the corporation and its premises or place, equipment, books, records and documents; and

(b) the corporation is jointly and severally liable with the member for all fines and costs the member is ordered to pay.

Member's conditions apply to corporation

17.6(7)

Any condition imposed on the registration or optometric drug licence of a member practising optometry on behalf of a corporation applies to the corporation in relation to its practice through that member.

SUSPENSION OR CANCELLATION

Suspending or cancelling permit

17.7(1)

Subject to subsection (2), the council may suspend or cancel a professional corporation's permit if

(a) the corporation ceases to meet any of the requirements of eligibility for a permit set out or referred to in subsection 17.2(1);

(b) the corporation contravenes any provision of this Act or the regulations or by-laws of the association or any condition on the corporation's permit; or

(c) a registered member, in the course of providing an optometric service on behalf of the corporation, does or fails to do anything as a result of which the member's registration is suspended or cancelled.

Limitation

17.7(2)

A professional corporation's permit must not be suspended or cancelled by reason only of the fact that

(a) one or more shares of the corporation have vested in

(i) an executor or administrator of the estate of an individual as a consequence of the death of the individual, or

(ii) a trustee in bankruptcy on the bankruptcy of the owner of the shares,

unless the corporation is not carrying on the practice of optometry through any other registered member or the shares continue to be vested in the executor, administrator or trustee for more than 180 days, or for any longer period allowed by the registrar;

(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;

(c) the registration of a member has been suspended, unless

(i) the member remains a director or officer of the corporation for more than 14 days after the commencement of the suspension, or

(ii) the corporation is not providing optometric services through any other registered member; or

(d) the registration of a member has been surrendered or cancelled, unless

(i) the member remains a director or officer of the corporation for more than 14 days after the surrender or cancellation,

(ii) the member remains a voting shareholder of the corporation for more than 90 days after the surrender or cancellation, or for any longer period allowed by the council, or

(iii) the corporation is not providing optometric services through any other registered member.

Surrender of permit

17.7(3)

When a corporation's permit is cancelled, it must promptly surrender the permit to the registrar.

Alternatives to suspending or cancelling permit

17.8

Instead of suspending or cancelling the corporation's permit under section 17.7, the council may take any other action it considers appropriate, including one or more of the following:

(a) reprimanding the corporation or one or more directors or voting shareholders of the corporation;

(b) imposing conditions on the permit;

(c) imposing a fine on the corporation, payable to the association, in an amount not exceeding $25,000.

Written notice of cancellation required

17.9

The council must

(a) give notice to the professional corporation in writing with the reasons for the council's decision to suspend or cancel its permit or take any action under section 17.8; and

(b) advise the professional corporation of the right to appeal the decision to the court.

Appeal to court

17.10(1)

A professional corporation may appeal the decision of the council to the court by filing a notice of appeal within 30 days after receiving notice of the council's decision.

Powers of court on appeal

17.10(2)

Upon hearing an appeal, the court may

(a) dismiss the appeal;

(b) make any decision that in its opinion should have been made; or

(c) refer the matter back to the council for further consideration in accordance with any direction of the court.

Notice of changes

17.11

A professional corporation must notify the registrar, within the time period and in the form and manner determined under the by-laws, of any change in the voting shareholders, the other shareholders, the directors or the officers of the corporation.

AGREEMENTS

Voting agreements void

17.12(1)

An agreement or proxy that vests the authority to exercise any voting right attached to a share of a professional corporation in a person who is not a registered member is void.

Unanimous shareholders' agreements void

17.12(2)

A unanimous shareholders' agreement within the meaning of subsection 140(2) of The Corporations Act in respect of a professional corporation is void unless each shareholder of the corporation is a registered member or a professional corporation.

PROHIBITIONS

Holding out as a professional corporation

17.13(1)

No corporation shall hold itself out as a professional corporation unless it holds a valid permit.

Holding out as a shareholder, officer, etc.

17.13(2)

No person shall hold themselves out as a shareholder, officer, director, agent or employee of a professional corporation unless the corporation holds a valid permit.

Making false representations or declarations

17.14(1)

No person shall make a representation or declaration for the purpose of having a permit issued or renewed if they know it to be false.

Assisting the making of false representation

17.14(2)

No person shall knowingly assist a person in making a false representation or declaration for the purpose mentioned in subsection (1).

RECORD OF CORPORATIONS

Record of professional corporations

17.15(1)

The council must establish a record of all professional corporations holding permits issued under this Part.

Registrar to maintain record

17.15(2)

The registrar must maintain the record of professional corporations in accordance with this Act and the by-laws.

Contents of record

17.15(3)

The record of professional corporations must contain the following information for each corporation to which a permit has been issued:

(a) the name of the corporation;

(b) the name of each registered member who is a shareholder or director of the corporation;

(c) the name of each registered member through whom the corporation will be carrying on the practice of optometry;

(d) the conditions, if any, imposed on the permit;

(e) the date the permit was issued;

(f) whether the permit has been cancelled or suspended and, if so, when;

(g) any other information required by by-laws to be kept in the record.

Inspection of record

17.15(4)

The registrar must make the record of professional corporations available for inspection by any person at the office of the registrar at all reasonable times during regular business hours free of charge; but any inspection may be refused if there is reasonable cause to believe that the person seeking inspection does so for commercial purposes.

MISCELLANEOUS

Association powers

17.16

Any power that the association may exercise in respect of a member may be exercised in respect of

a corporation that is

(a) a professional corporation;

(b) a corporation permitted by regulation to practise optometry; or

(c) a shareholder of a corporation referred to in clause (b).

Prohibition re false advertising

17.17

No person shall engage in advertising in relation to the practice of optometry that is untruthful, inaccurate or otherwise capable of misleading or misinforming the public.

297

The following is added before section 18:

PART 5

PROFESSIONAL CONDUCT

COMPLAINTS COMMITTEE

298

Section 18 is amended by adding "registered" before "members".

299

Subsection 18.1(1) is amended by adding "registered" before "member".

300(1)

Clause 18.2(1)(a) is amended by striking out "the member named" and substituting "the investigated member named".

300(2)

Subsection 18.2(2) is amended

(a) in the part before clause (a), by striking out "the investigated member" and substituting "any registered member"; and

(b) in clause (a), by striking out "investigated".

300(3)

Clause 18.2(3)(a) is replaced with the following:

(a) directing any registered member to produce to the complaints committee any records in the member's possession or under their control, if it is shown that the member failed to produce them when required by the complaints committee; or

301

The centred heading "APPEALS COMMITTEE" is added before section 18.4.

302

Subsection 18.4(1) is amended by striking out "active members of the association" and substituting "registered members".

303

Subsection 18.5(1) is amended by adding "registered" before "member's".

304

The centred heading "DISCIPLINE COMMITTEE" is added before section 18.6.

305

Section 18.11 is amended, in the part before clause (a), by adding "registered" before "member".

306

Subsection 18.13(2) is amended by striking out "certificate or registration" and substituting "certificate of registration".

307

Clause 18.15(a) is amended by adding "registered" before "member".

308

The centred heading "APPEAL TO COURT" is added before section 18.17.

309

The following is added before section 19:

PART 6

PROHIBITIONS

310(1)

Subsection 19(1) is replaced with the following:

Unauthorized practice

19(1)

No person shall practise optometry within the province except as follows:

(a) in the case of a registered member, as authorized by the member's certificate of registration;

(b) in the case of a person issued a certificate of registration under section 11.1, as authorized by that certificate;

(c) in the case of a professional corporation, as authorized by the corporation's permit;

(d) in the case of a corporation permitted by regulation, through one or more members as authorized by their certificates of registration.

310(2)

Subsection 19(2) is amended

(a) by striking out "registered optometrist" and substituting "registered member, or professional corporation,"; and

(b) by adding "or permit" after "registration".

310(3)

The following is added after subsection 19(5):

Offence by director, officer or employee

19(5.1)

If a corporation commits an offence under this Act, a director, officer or employee of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction, whether or not the corporation has been prosecuted or convicted, to a fine of not less than $200 and not more than the maximum fine that may be imposed on the corporation for its offence.

310(4)

Subsection 19(7) is replaced with the following:

Registrar's certificate

19(7)

A certificate purporting to be signed by the registrar and stating

(a) that a named person was or was not, on a specified day or during a specified period,

(i) a registered member,

(ii) a professional corporation, or a corporation permitted by regulation to practise optometry, or

(iii) an officer or staff member of the association, or a member of the council or of a committee established by or under this Act;

(b) that information is or is not recorded in the register; or

(c) that a copy of a by-law is a true copy of a by-law of the association, and that it was in force on a specified day or during a specified period;

is, in the absence of evidence to the contrary, admissible in evidence in any action, proceeding or prosecution as proof of the facts stated. Proof of the registrar's appointment or signature is not required.

311

Clause 21(a) is amended by striking out everything after "practitioner" and substituting ", a registered member or a person who is authorized to practise optometry in another jurisdiction in Canada; or".

312

The following is added before section 22:

PART 7

CONFIDENTIALITY

313

Clause 22(1)(b) is amended by striking out "the registration of members" and substituting "the registration of registered members, the issuance of permits,".

314

Subsection 23(1) is amended, in the part before clause (a), by adding "registered" before "member's".

PART 12

COMING INTO FORCE

Coming into force

315(1)

Except as otherwise provided in this section, this Act comes into force on the day it receives royal assent.

Part 1 — Fuel Tax

315(2)

Sections 4, 7 and 8 comes into force on January 1, 2021.

Part 2 — Health and Post Secondary Education Tax Levy

315(3)

Subsections 10(1) to (3), clause 10(4)(b) and sections 11 to 13 come into force on January 1, 2021.

Part 3 — Income Tax

315(4)

Section 15 is deemed to have come into force on July 27, 2020.

315(5)

Sections 16 to 19 are deemed to have come into force on January 1, 2020.

315(6)

Subsections 20(1) and (3) are deemed to have come into force on January 1, 2019.

315(7)

Subsections 20(2) and (4) are deemed to have come into force on June 30, 2016.

315(8)

Subsections 22(1) and (2) are deemed to have come into force on January 1, 2019.

315(9)

Section 23 is deemed to have come into force on January 1, 2020.

315(10)

Sections 25, 26 and 28 are deemed to have come into force on March 12, 2020.

315(11)

Section 29 is deemed to have come into force on March 20, 2020.

315(12)

Sections 37 and 38 are deemed to have come into force on October 1, 2020.

Part 4 — Insurance Corporations Tax

315(13)

Sections 40 to 42 come into force on January 1, 2021.

Part 5 — Law Fees and Probate Charge

315(14)

Sections 44 to 53 come into force on the day this Act receives royal assent and apply to applications for probate or administration made on or after the day this Act receives royal assent.

Part 6 — Retail Sales Tax

315(15)

Subsection 60(8) is deemed to have come into force on May 1, 2020.

Part 7 — Tax Administration and Miscellaneous Taxes

315(16)

Section 64 comes into force on January 1, 2021.

Part 8 — Tobacco Tax

315(17)

Section 75 comes come into force on January 1, 2021.

Part 9 — Government Finances

Division 7 — Health Services Insurance Fund

315(18)

Sections 141 to 151 come into force on April 1, 2021.

Division 8 — Various Funds

315(19)

Sections 152 to 183 come into force on March 31, 2021.

Division 9 — Fish and Wildlife Enhancement Fund

315(20)

Sections 185 to 194 come into force on March 31, 2021.

Division 12 — Miscellaneous

315(21)

Subsection 210(1) is deemed to have come into force on April 1, 2006.

Part 10 — Families

Division 4 — Funding for Child and Family Services

315(22)

Section 231 is deemed to have come into force on April 1, 2019.

Part 11 — Other Amendments

Division 2 — Helen Betty Osborne Memorial Foundation

315(23)

Sections 238 to 243 come into force on a day to be fixed by proclamation.

Division 5 — Optometry Act

315(24)

Sections 270 to 314 come into force on a day to be fixed by proclamation.

Schedules

Schedule A

315(25)

Schedule A comes into force as provided in the coming into force section at the end of the Schedule.

Schedule B

315(26)

Schedule B comes into force as provided in the coming into force section at the end of the Schedule.


SCHEDULE A

THE PUBLIC SECTOR EXECUTIVE COMPENSATION ACT

TABLE OF CONTENTS

Section

INTRODUCTORY PROVISIONS

1

Definitions

2

Application

COMPENSATION FRAMEWORK FOR EXECUTIVES

3

Compensation framework

4

Effective date

5

Effect of framework

6

Overpayments

7

Exemptions

ADMINISTRATION AND COMPLIANCE

8

Compensation information

9

Compliance with regulations and directives

10

Deemed agreement terms

GENERAL

11

Incremental increases

12

No deemed employment relationship

13

No constructive dismissal or breach of contract

14

No cause of action, compensation or damages

REGULATIONS

15

Regulations

C.C.S.M. REFERENCE AND COMING INTO FORCE

16

C.C.S.M. reference

17

Coming into force


THE PUBLIC SECTOR EXECUTIVE COMPENSATION ACT

INTRODUCTORY PROVISIONS

Definitions

1

The following definitions apply in this Act.

"compensation" means any consideration or remuneration, regardless of its nature or form, including, without limitation, elements such as salary, retainers, benefits, bonuses, allowances, travelling and living expenses, honorariums and severance pay, paid or payable or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle the person to be paid. (« rémunération »)

"compensation framework" means a compensation framework established under section 3. (« lignes directrices en matière de rémunération »)

"executive" means an individual who holds any of the following offices or positions with a public sector employer:

(a) the chief executive officer or similar position;

(b) an office or position or class of office or position that is prescribed, but not including an office or position held by an employee who is represented by a bargaining agent. (« cadre »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"prescribed" means prescribed by regulation.

"public sector employer" means

(a) the government;

(b) a corporation as defined in The Crown Corporations Governance and Accountability Act;

(c) the following health organizations:

(i) a regional health authority as defined in The Regional Health Authorities Act,

(ii) Shared Health Inc.,

(iii) CancerCare Manitoba,

(iv) a prescribed health sector employer;

(d) The University of Manitoba, The University of Winnipeg, Brandon University, Université de Saint-Boniface, University College of the North, Red River College, Assiniboine Community College, and Manitoba Institute of Trades and Technology;

(e) a school district and a school division as defined in The Public Schools Act;

(f) any other reporting organization as defined in The Financial Administration Act; and

(g) any other prescribed employer in the public sector, or member of a prescribed class of such employers. (« employeur du secteur public »)

"regulation" means a regulation made under this Act. (« règlement »)

Application

2(1)

Subject to subsection (2), this Act applies despite any other enactment that sets, approves or otherwise fixes compensation for a public sector employer or an executive and, to the extent of any conflict or inconsistency with the other enactment, this Act prevails.

Conflict

2(2)

If there is a conflict or inconsistency between this Act and The Public Services Sustainability Act or a regulation under that Act, that Act or regulation prevails.

COMPENSATION FRAMEWORK FOR EXECUTIVES

Compensation framework

3(1)

The Lieutenant Governor in Council may, by regulation, establish a compensation framework for executives.

Purpose of framework

3(2)

A compensation framework is to govern the compensation that may be provided by a public sector employer to an executive or class of executives and, without limitation, may limit the compensation or elements of that compensation that may be provided to an executive or class of executives.

Effective date

4

A compensation framework takes effect on the prescribed date.

Effect of framework

5(1)

When a compensation framework is in effect, the following prohibitions and obligations apply to a public sector employer and each of its executives:

1.

The public sector employer must comply with the terms of the compensation framework.

2.

The public sector employer must not provide compensation to an executive that is greater than the amount authorized in, or that is otherwise inconsistent with, the framework.

3.

The public sector employer must not do anything to circumvent a limit set out in a compensation framework or restructure its organization so that the framework does not apply to its executives.

4.

An executive is not entitled to receive compensation that is greater than the amount authorized in, or that is otherwise inconsistent with, the framework.

5.

Any provision in an agreement between a public sector employer and an executive that authorizes or requires an amount to be paid that is greater than the amount authorized under, or that is otherwise inconsistent with, the compensation framework is void and unenforceable to the extent that it is not in accordance with the framework.

6.

If an executive accepts compensation greater than the amount authorized in or that is otherwise inconsistent with the framework, the excess amount is deemed to be a debt due to their employer. The public sector employer must, within the year after the date on which the executive accepted it, recover the excess by any remedy or procedure available to the employer by law to enforce the payment of a debt, including deducting that overpayment from any compensation payable to the executive.

7.

The compensation framework applies to an executive even if

(a) the executive is appointed to a new office or position with the public sector employer; or

(b) the executive's contract or agreement is renewed after the framework takes effect.

Effect on existing executives

5(2)

For an executive who is employed immediately before a compensation framework takes effect and continues to be employed in the same position or office, whether under the same or a renewed contract or agreement,

(a) the compensation framework does not apply until two years after it takes effect; and

(b) any increase in an element of compensation contracted for or agreed to that has not been implemented before two years after the framework takes effect is void and unenforceable to the extent that it is inconsistent with the framework.

Overpayments may reduce provincial funding

6

The minister may reduce the amount provided by the government under an agreement or other funding arrangement to a public sector employer by the amount of any excess compensation received by an executive.

Exemptions may be authorized

7(1)

The minister may, if authorized by regulation to do so, exempt a public sector employer or an executive from one or more terms in a compensation framework and set conditions for the exemption.

Written exemption

7(2)

The exemption must be made in writing.

Exemptions to be made public

7(3)

The minister must make the exemption available to the public by posting it on a government website and by any other means the minister considers appropriate.

Exemption not a regulation

7(4)

An exemption is not a regulation within the meaning of The Statutes and Regulations Act.

ADMINISTRATION AND COMPLIANCE

Compensation information

8(1)

The minister may issue a directive to a public sector employer requiring the employer to provide information, including personal information as defined in The Freedom of Information and Protection of Privacy Act, related to compensation that the minister considers appropriate for ensuring compliance with this Act.

Types of information

8(2)

Without limitation, a directive under subsection (1) may include requirements to provide the public sector employer's information about

(a) contracts or agreements between the employer and its executives relating to compensation;

(b) plans respecting compensation for executives and estimates of costs with respect to those plans, including proposed or negotiated changes to such plans; and

(c) policies, guidelines and studies related to compensation for its executives and other employees.

Information must be provided

8(3)

The public sector employer must provide the information in a timely manner.

Information confidential

8(4)

Subject to subsections (5) and (6) and the regulations, the minister and any other person in receipt of the information must keep the information provided by the public sector employer confidential.

Use of information by minister

8(5)

The minister may use and disclose information, including personal information, provided under this section as the minister considers appropriate for the administration of this Act.

Public Sector Compensation Disclosure Act

8(6)

Nothing in this section limits the disclosure of information provided under The Public Sector Compensation Disclosure Act.

Compliance with regulations and directives

9

Every public sector employer to which a regulation or directive issued under this Act applies must comply with it.

Deemed agreement terms

10

Every prohibition or obligation concerning a public sector employer under this Act is deemed to be a prohibition or obligation that the employer is required to comply with under the terms of every agreement or other funding arrangement between the government and the employer.

GENERAL

Incremental increases

11

Nothing in this Act affects an executive's entitlement to a promotion, reclassification or salary increment within an established compensation framework in accordance with the terms of an employment contract or agreement.

No deemed employment relationship

12

Nothing in this Act makes a person an employee of the government who is not otherwise an employee of the government.

No constructive dismissal or breach of contract

13

Neither the enactment or application of this Act nor any changes to the compensation that is payable to an executive as a result of this Act is considered to be a constructive dismissal or breach of contract.

No cause of action, compensation or damages

14

No cause of action or proceeding arises as a direct or indirect result of the enactment or application of this Act, and no compensation or damages are owing or payable to any person in connection with or as a result of the enactment or application of this Act.

REGULATIONS

Regulations

15(1)

The Lieutenant Governor in Council may make regulations

(a) prescribing an office or position, or a class of offices or positions, for the purpose of clause (b) of the definition "executive" in section 1;

(b) in respect of the definition "public sector employer" in section 1, prescribing

(i) a health sector employer, or class of health sector employers, for the purpose of subclause (c)(iv), and

(ii) an employer in the public sector, or class of such employers, for the purpose of clause (g);

(c) prescribing the date on which a compensation framework takes effect;

(d) authorizing the minister to exempt a public sector employer or an executive or a class of public service employers or executives from a compensation framework and prescribing conditions in relation to the exercise of that authority;

(e) respecting the collection, use and disclosure of information, including personal information within the meaning of The Freedom of Information and Protection of Privacy Act;

(f) defining any word or expression used but not defined in this Act;

(g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

General or specific

15(2)

A regulation may be general or specific in its application.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

16

This Act may be referred to as chapter P264 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

17

This Act comes into force on the day it receives royal assent.


SCHEDULE B

THE MANITOBA HABITAT HERITAGE CORPORATION REORGANIZATION ACT

TABLE OF CONTENTS

Section

1

Definitions

2

Continuance of corporation

3

Application of Corporations Act

4

Members of corporation

5

Objects of corporation

6

Registered and head office

7

References to enactments, etc., transitionals

8

Manitoba Habitat Heritage Act repealed

9

Coming into force


THE MANITOBA HABITAT HERITAGE CORPORATION REORGANIZATION ACT

Definitions

1

The following definitions apply in this Act.

"corporation" means, except in subsection 2(1), The Manitoba Habitat Heritage Corporation after it is continued under section 2. (« Société »)

"director" means the Director appointed under section 253 of The Corporations Act. (« directeur »)

"minister" means the minister responsible for the administration of this Act. (« ministre »)

"The Manitoba Habitat Heritage Corporation" means The Manitoba Habitat Heritage Corporation established under The Manitoba Habitat Heritage Act as it read on the day before it was repealed. (« Société protectrice du patrimoine écologique du Manitoba »)

Continuance of corporation

2(1)

The Lieutenant Governor in Council may, by order, direct the minister to continue The Manitoba Habitat Heritage Corporation as a corporation without share capital under The Corporations Act by sending articles of continuance to the director, and the director must issue a certificate of continuance and notify the minister that the director has done so.

Effective date of the certificate

2(2)

The certificate of continuance takes effect on the day that section 8 comes into force.

Effect of continuance

2(3)

On the day that the certificate of continuance takes effect, the following occurs:

1.

The corporation becomes a corporation to which The Corporations Act applies as if it had been incorporated under that Act.

2.

The articles of continuance are deemed to be the articles of incorporation of the corporation.

3.

The certificate of continuance is deemed to be the certificate of incorporation of the corporation.

4.

The property of The Manitoba Habitat Heritage Corporation continues to be the property of the corporation, subject to any trust or other conditions attached to the property.

5.

The corporation continues to be liable for the obligations of The Manitoba Habitat Heritage Corporation.

6.

An existing cause of action, claim or liability to prosecution is unaffected.

7.

A civil, criminal or administrative action or proceeding pending by or against The Manitoba Habitat Heritage Corporation may continue to be prosecuted by or against the corporation.

8.

A conviction against, or ruling, order or judgment in favour of or against The Manitoba Habitat Heritage Corporation may be enforced by or against the corporation.

9.

The corporation ceases to be an agent of the Crown, and, for greater certainty, any interest of the Crown in the property of The Manitoba Habitat Heritage Corporation is extinguished.

10.

Every director of The Manitoba Habitat Heritage Corporation becomes a director of the corporation for the term specified in the corporation's by-laws, and Orders in Council 95/2018, 198/2018, 101/2019 and 60/2020 are rescinded.

Application of Corporations Act

3(1)

Subject to this Act, The Corporations Act applies to the corporation, including, for greater certainty, Part XXII (Corporations Without Share Capital).

Conflict

3(2)

This Act prevails

(a) in the event of a conflict between this Act and The Corporations Act; and

(b) in the event of a conflict between this Act and the articles of the corporation.

Members of corporation

4(1)

The corporation consists of the persons who from time to time are members of the board.

Board member

4(2)

One member of the board of directors of the corporation must be appointed by the Lieutenant Governor in Council for a specified term and after that until the member's successor is appointed or the member dies or resigns or is removed from office. The member may be re-appointed.

Objects of corporation

5

The objects of the corporation are to conserve, restore and enhance fish and wildlife habitat and the fish and wildlife populations that reside there.

Registered and head office

6(1)

The registered and head office of the corporation must be in the province.

No continuance outside Manitoba

6(2)

The corporation must not continue in another jurisdiction.

Dissolution

6(3)

On dissolution of the corporation,

(a) the remaining property of the corporation that had been the property of The Manitoba Habitat Heritage Corporation on the day before the coming into force of section 8 and relates to an interest in land becomes the property of the Crown; and

(b) any other property remaining after that must be distributed to qualified donees under the Income Tax Act (Canada).

Reference in enactment, contract, agreement, etc.

7(1)

A reference to The Manitoba Habitat Heritage Corporation in an enactment, by-law, contract, agreement, instrument, licence, permit or other document or record is deemed to be a reference to the corporation.

Transitional — conservation agreements

7(2)

A conservation agreement entered into by The Manitoba Habitat Heritage Corporation that is in effect on the day before section 8 comes into force is deemed to be a conservation agreement entered into by the corporation, and the agreement is deemed to be valid as if the corporation had been an eligible conservation agency on the date the agreement was entered into.

Transitional — interest in farm lands

7(3)

A contract, agreement, instrument or other document or record in respect of an interest in farm land within the meaning of The Farm Lands Ownership Act taken, acquired, received or held by The Manitoba Habitat Heritage Corporation on the day before section 8 comes into force is deemed to have been entered into or executed by the corporation and is deemed to be valid as if section 2 of that Act applied to the corporation to take, acquire, receive or hold that interest on the date it was entered into or executed.

S.M. 1985-86, c. 15 repealed

8

The Manitoba Habitat Heritage Act, S.M. 1985-86, c. 15, is repealed.

Coming into force — royal assent

9(1)

Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

9(2)

Section 8 comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill implements tax and other measures announced in the 2020 Manitoba Budget. Additional amendments implement and support the summary budget and make various amendments to tax legislation.

Amendments to tax statutes

The changes to tax statutes include the following:

Fuel Tax (Part 1)

  • clarifying what constitutes a flight eligible for an exemption as an international commercial passenger flight [s. 2 and 6]
  • requiring tax to be paid if fuel acquired for an exempt purpose is subsequently used for a purpose that is not exempt [s. 3]
  • requiring returns to be filed and payments to be made in accordance with The Tax Administration and Miscellaneous Taxes Act [s. 4, 7 and 8]
  • deeming a mixture of fuels to be the fuel present in the highest proportion for the purpose of determining the tax rate that applies [s. 5]

Health and Post Secondary Education Tax Levy (Part 2)

  • increasing the threshold for an exemption from the levy to $1,500,000 and the threshold at which the basic tax rate applies to $3,000,000 [s. 10(1) to (3), 10(4)(b) and 11]
  • eliminating the requirement for the director to approve relief from the levy when an employer ceases to be associated with another employer [s. 10(4)(a)]
  • requiring returns to be filed and payments to be made in accordance with The Tax Administration and Miscellaneous Taxes Act [s. 12 and 13]

Income Tax (Part 3)

  • consistent with changes to the federal Income Tax Act,
    • extending deadlines for filing documents relating to certain tax credits, objections, appeals and assessments [s. 15]
    • allowing disability tax credits to be deducted from the tax on split income [s. 16]
    • reducing the education tax credit to the extent that tuition fees have been fully refunded as a Canada Training Credit [s. 17]
  • implementing the seniors economic recovery tax credit (COVID-19) [s. 18, 19 and 23]
  • clarifying references to property tax statements [s. 20 and 21(1)]
  • allowing a lien to be placed on property when the owner has claimed a school tax reduction to which the owner was not entitled [s. 21(2)]
  • modifying the primary caregiver tax credit by
    • extending the deadline for registering for the tax credit from the end of the taxation year to the filing-due date for the year
    • requiring that a registration form be filed every three years [s. 22]
  • making the manufacturing investment tax credit permanent [s. 24]
  • increasing the film and video production tax credit to 38% of eligible production costs if a Manitoba production corporation participates in the production of an eligible film [s. 25 and 26]
  • updating references to credit unions and caisses populaires [s. 27 and 34(2)]
  • increasing the number of child care spaces eligible for the child care centre development tax credit and eliminating the cap on fees that may be charged by the centre for those spaces [s. 28]
  • for the duration of the state of emergency related to COVID-19, modifying the paid work experience tax credit by reducing the number of weeks from 10 to 8 for a qualifying work placement [s. 29]
  • extending
    • the cultural industries printing tax credit by one year to December 31, 2021 [s. 30]
    • the mineral exploration tax credit by three years to December 31, 2023 [s. 32]
    • the community enterprise development tax credit by one year to December 31, 2021 [s. 33]
  • clarifying the ministerial responsibility for the rental housing construction tax credit [s. 31]
  • requiring the issuer of shares under a registered employee share ownership plan to file an annual report with the Minister of Finance and to provide a copy to each participating employee [s. 34(1), 35 and 36]
  • eliminating the requirement for federally regulated tax rebate discounters to register in Manitoba [s. 37 and 38]

Insurance Corporations Tax (Part 4)

  • requiring returns to be filed and payments to be made in accordance with The Tax Administration and Miscellaneous Taxes Act [s. 40 to 42]

Law Fees and Probate Charge (Part 5)

  • eliminating fees for applications for probate or administration [s. 44 to 53]

Retail Sales Tax (Part 6)

  • providing for a refund of tax paid for all-terrain vehicles and utility vehicles used in farming [s. 55(1)(a) and (c) and 60(3) and (9)]
  • clarifying the value used to calculate the tax payable on used property brought into Manitoba for permanent use in the province [s. 55(1)(b) and 55(3)]
  • eliminating the use of the term "infrastructure funding period" [s. 55(1)(c) and (d), 56, 57, 58(1), 60(1), (2), (4) and (7)]
  • extending the exemption for transfers between two closely related corporations to certain instances where shares of the two corporations are owned by spouses or common-law partners [s. 55(2)]
  • clarifying that an early payment discount or a late payment penalty does not reduce or increase the tax payable on a retail sale [s. 55(3)]
  • providing for a credit of tax paid on the purchase of a vehicle that is registered outside Manitoba for interjurisdictional commercial purposes [s. 58(2)]
  • exempting some precious metals from tax when acquired for investment purposes [s. 59(1)]
  • broadening the exemption for machinery, equipment and apparatus when sold as part of a manufacturing plant to include those items when sold as part of a processing plant [s. 59(2) and (3)]
  • providing that the refund of tax in respect of an aircraft sold within six months of its purchase does not apply to a multijurisdictional aircraft on which prorated tax was paid [s. 60(5)]
  • clarifying that, for the purposes of a refund available to a person who buys or leases a vehicle (or aircraft) and sells a used vehicle (or aircraft) within six months,
    • the buy-out of a lease is a transaction separate from the lease, and
    • a refund does not become payable until the amount of tax paid under the lease equals the amount of the refund [s. 60(6)]
  • eliminating refunds of tax paid by non-residents on goods taken out of Canada [s. 60(8)]
  • permitting the terms "agricultural", "agriculture", "farm", "farmer" and "farming" to be defined by regulation [s. 61]

Tax Administration and Miscellaneous Taxes (Part 7)

  • making a consequential amendment related to the repeal of The Credit Unions and Caisses Populaires Profits Tax Act [s. 63]
  • requiring information returns, remittances and payments to government for various taxes to be made using TAXcess [s. 64]
  • authorizing the Minister of Finance to enter into agreements with other jurisdictions respecting the administration and enforcement of tax statutes [s. 65]
  • entitling a person facing a temporary suspension of their tax authorization to be given notice of the proposed suspension and to make a written submission before the suspension is issued [s. 66]
  • eliminating the use of the term "infrastructure funding period" [s. 67]
  • allowing taxpayers to appeal an assessment of land transfer tax to the Tax Appeals Commission [s. 68 to 74]

Tobacco Tax (Part 8)

  • requiring returns to be filed and payments to be made in accordance with The Tax Administration and Miscellaneous Taxes Act [s. 75]

Amendments to implement budget measures

The changes to implement budget measures and support greater accountability under the summary budget include the following:

Government Finances (Part 9)

Crown Corporations Governance and Accountability [division 1]

  • making amendments for consistency with the changes made to The Financial Administration Act by
    • removing the requirement for a mandate letter to be signed by the directors of a Crown corporation [s. 77]
    • limiting the authority of the responsible minister to issue directives to avoid overlap with Treasury Board's expanded authority to make regulations and issue directives under The Financial Administration Act [s. 80]
    • repealing the statutory duty of directors and officers because such a duty is added to The Financial Administration Act [s. 81]

Financial Administration [division 2]

  • enhancing Treasury Board's supervisory role in relation to the financial administration of reporting organizations (organizations whose financial results are included in the government's summary financial statements) [s. 83 to 85]
  • requiring the summary budget to accurately reflect the main estimates of expenditure and not allowing for the lapsing of expenditures within the fiscal year that are set out in the main estimates of expenditure and provided for in the annual appropriation act [s. 86]
  • clarifying the period of an adjournment that is required for the government to authorize expenditures by a special warrant [s. 87]
  • allowing the Minister of Finance, with Treasury Board approval, to transfer between items in a department's appropriations as set out in the main estimates of expenditure [s. 88]
  • requiring Treasury Board approval for dispute settlements if the settlement amount exceeds $50,000 or any greater amount prescribed by regulation [s. 89]
  • clarifying the inspection powers of the Minister of Finance (or a person authorized by the minister) in relation to reporting organizations [s. 90 and 91]
  • setting out the duties of directors, officers and others responsible for the business and affairs of a reporting organization [s. 91]
  • requiring the Minister of Finance to prepare an annual report on procurement and to table the report in the Assembly [s. 92]

Municipal Financial Reporting [division 3]

  • amending The Municipal Act and The City of Winnipeg Charter to enable the Lieutenant Governor in Council to make regulations that must be followed by municipalities and The City of Winnipeg
    • establishing financial reporting requirements
    • specifying accounting policies and practices [s. 93 and 94]

Public Sector Executive Compensation [division 4]

  • enacting The Public Sector Executive Compensation Act to
    • establish by Lieutenant Governor in Council regulation the frameworks for compensation for public sector executives
    • prohibit an executive from being paid more than the amount authorized by a framework
    • allow public sector employers to recover overpayments paid to their executives
    • allow for reduced government funding to employers if overpayments have been made [s. 95 and Schedule A]

Auditor General [division 5]

  • permitting the Auditor General to examine any of the operations or accounts of a recipient of public money if the recipient commingles the public money with other amounts [s. 97]
  • expanding the scope of a special audit request to include an audit of operations [s. 98]

Public Schools [division 6]

  • assigning responsibility for the capital support program to the minister [s. 100 to 102 and 104 to 129]
  • enabling provincial funding for a private school after the school has been operating for two years [s. 103]
  • removing The Public Schools Finance Board from having a role in the approval of borrowing by school boards and modernizing borrowing provisions [s. 130 and 131]
  • dissolving The Public Schools Finance Board and repealing The Public Schools Finance Board Act [s. 132 to 139]
  • making consequential amendments to six other Acts:
    • The Community Revitalization Tax Increment Financing Act
    • The Local Government Districts Act
    • The Municipal Assessment Act
    • The Planning Act
    • The City of Winnipeg Charter
    • The Real Estate Services Act (unproclaimed)

Health Services Insurance Fund [division 7]

  • dissolving the Manitoba Health Services Insurance Fund established under The Health Services Insurance Act and transferring any amounts held in the fund to the Consolidated Fund [s. 141 to 151]
  • making consequential amendments to three other Acts:
    • The Elderly and Infirm Persons' Housing Act
    • The Emergency Medical Response and Stretcher Transportation Act
    • The Hospitals Act

Various Funds [division 8]

  • dissolving the following statutory funds:
    • the Community Revitalization Fund established under The Community Revitalization Tax Increment Financing Act [s. 152 to 154]
    • the Manitoba Borrowers' Financial Literacy Fund continued under The Consumer Protection Act [s. 155 to 157]
    • the fund continued under The Farm Machinery and Equipment Act [s. 158 and 159]
    • the Fires Prevention Fund continued under The Fires Prevention and Emergency Response Act [s. 160 to 162]
    • the Housing Development and Rehabilitation Fund established under The Housing and Renewal Corporation Act [s. 163 and 164]
    • the mining community reserve continued under The Mining Tax Act [s. 165 and 166]
    • the assurance fund maintained under The Real Property Act [s. 167 to 169]
    • the Manitoba Trucking Productivity Improvement Fund continued under The Transportation Infrastructure Act [s. 170 to 172]
    • the Veterinary Science Scholarship Fund Account continued under The Veterinary Science Scholarship Fund Act [s. 173 to 175]
    • the Victims' Assistance Fund continued under The Victims' Bill of Rights [s. 176 to 181]
    • the Waste Reduction and Recycling Support Fund established under The Waste Reduction and Prevention Act [s. 182 and 183]
  • providing that any money held in the funds is transferred to, or remains in, the Consolidated Fund
  • making consequential amendments to eight other Acts:
    • The Civil Remedies Against Organized Crime Act
    • The Criminal Property Forfeiture Act
    • The Highway Traffic Act
    • The Income Tax Act
    • The Insurance Corporations Tax Act
    • The Justice for Victims of Child Pornography Act
    • The Oil and Gas Act
    • The Profits of Criminal Notoriety Act

Fish and Wildlife Enhancement Fund [division 9]

  • replacing The Fish and Wildlife Enhancement Fund established by The Fish and Wildlife Enhancement Fund Act with a fund that has been established by an agreement between the government and The Winnipeg Foundation [s. 185 to 187]
  • requiring that the government pay 10% of the fees for recreational fishing, hunting and trapping licences into the fund, and permitting restitution payments involving fish and wildlife to be paid into the fund [s. 188]
  • permitting grants from the fund for enhancement initiatives that benefit those who pay fish and wildlife licence fees [s. 188]
  • providing that any money held in the statutory fund remains in the Consolidated Fund [s. 191]
  • making consequential amendments to two other Acts:
    • The Fisheries Act
    • The Wildlife Act

Manitoba Habitat Heritage Corporation [division 10]

  • enacting The Manitoba Habitat Heritage Corporation Reorganization Act to continue The Manitoba Habitat Heritage Corporation, an agent of the Crown established under The Manitoba Habitat Heritage Act, as a corporation without share capital under The Corporations Act [s. 195 and Schedule B]
  • repealing The Manitoba Habitat Heritage Act [Schedule B]

Workers Compensation Board [division 11]

  • providing that the Workers Compensation Board is not a reporting organization within the meaning of The Financial Administration Act [s. 198]
  • continuing the Lieutenant Governor in Council's ability to appoint board members, but providing for
    • the worker and employer representatives on the board to be selected from nominees of the specified worker and employer organizations; and
    • the chair to be nominated by consensus of the other members [s. 199 and 200]
  • repealing the authority of the Lieutenant Governor in Council to disallow regulations made by the board [s. 205]
  • permitting a new benefit program to be established if the minister is consulted (instead of the Lieutenant Governor in Council) [s. 205]
  • requiring the board to appoint an independent auditor for its annual audit [s. 206]

Miscellaneous [division 12]

  • repealing The Co-operative Associations Loans and Loans Guarantee Act [s. 208]
  • repealing The Credit Unions and Caisses Populaires Profits Tax Act [s. 209]
  • amending the Marriage Fees and Expenses Regulation to increase the amount to $80 that a person issuing a marriage license must pay to the Minister of Finance and to validate the fees paid since 2006 [s. 210]

Families (Part 10)

Healthy Child Manitoba [division 1]

  • repealing The Healthy Child Manitoba Act [s. 211 to 214]

Protecting Children (Information Sharing) [division 2]

  • expanding the scope of The Protecting Children (Information Sharing) Act to include information sharing provisions to support children's programming previously set out in The Healthy Child Manitoba Act [s. 216 to 229]

800 Adele Avenue Lease Termination [division 3]

  • effective November 30, 2020, terminating the lease of 800 Adele Avenue, Winnipeg, entered into by the First Nations of Southern Manitoba Child and Family Services Authority [s. 230]

Child and Family Services [division 4]

  • dealing with the actions of the government concerning the federal special allowances for children that child and family services agencies received or were eligible to receive for children in care between January 1, 2005, and March 31, 2019 [s. 231]
  • amending The Child and Family Services Act to clarify that services to families at the request of a person or family under Part II of the Act may include material and financial assistance [s. 232]

Other amendments (Part 11)

Rates for Power and Natural Gas [division 1]

  • implementing a 2.9% increase for certain power and natural gas rates [s. 233 to 236]

Helen Betty Osborne Memorial Foundation [division 2]

  • amending The Helen Betty Osborne Memorial Foundation Act to dissolve the foundation and continue the fund under the minister's administration by entering into an agreement with a third party, such as The Winnipeg Foundation [s. 238 to 243]

Legislative Building Centennial Restoration and Preservation [division 3]

  • amending The Legislative Building Centennial Restoration and Preservation Act to apply to Government House [s. 245 to 248]

Labour Relations [division 4]

  • amending The Labour Relations Act
    • to allow the transition of conciliation and grievance mediation functions to the private sector [s. 250 to 264]
    • to provide authority to the Lieutenant Governor in Council to make regulations setting fees for the various applications that may be made to the Manitoba Labour Board under The Labour Relations Act and other Acts [s. 265 and 266]
  • making consequential amendments to two other Acts
    • The Essential Services Act (Health Care)
    • The Labour Administration Act

Optometry [division 5]

  • amending The Optometry Act to enable the practice of optometry to be carried on by a registered optometrist through a professional corporation [s. 270 to 314]